Ohide Thesis

THE CAUSES, IMPLICATION AND CONTROL OF GENDER BASE VIOLENCE OF
WOMEN ON WIFE BATTERY:

ACASE STUDY: OF LOPA COUNTY, SOUTH SUDAN
BY
OHIDE. A. EMMANUEL OJOK

Reg ID No: X/2014/LLB/120A/E
A THESIS SUBMITTED IN PARTIAL FULFILLMENTS OF THE REQUIREMENTS

FOR AWARD OF BACHELOR DEGREE OF LAWS OF UGNDA
PENTECOSTAL UNIVERSITY.
15TH, FEB- 2019
i
DECLARATION
I certify that the substance of this thesis has not already been submitted for any degree and is not
currently being submitted for any other degree. I also certify that to the best of my knowledge
any assistance received in preparing this thesis and all the sources used have been duly
acknowledge and reference in this thesis.
Signature: ……………………………….
Date……………………………………...
Ohide. A. Emmanuel Ojok
ii
APPROVAL
This is to certify that this Dissertation has been approved by the University Academic Affairs of
Examiners, with my approval as the supervisor and signed as hereunder:
Signature……………………………
Date………………………………….
Mr. DAVID OLOO
iii
DEDICATION
This dissertation is dedicated with utmost affection to:
My be love mother, Julia Ibenne Emmanuel for guidance and encouragement to further my
studies.
My Late Grant Father Mr. Clemente Ojok and my Father Emmanuel Oduho Clement who gave
me the foundation to thirst excellence in education.
May their gentle souls rest in perfect peace until the Parouia. Amen!
iv
ACKNOWLEDGEMENT
Glory be to God for his enablement to start and conclude this Bachelor programme at this time
I acknowledge my supervisor Mr. David Oloo for giving me such strong support and guidance I
gained immensely from fatherly advice and wealth of research experience without which I would
not have been able to conclude this study.
I sincerely appreciate my colleagues in the Valuation profession for their contribution by

responding to the study questionnaire and sparing time in their busy schedule to answer
questions during face –to-face interviews.
Finally and most importantly, I thank the Management of Eden Commercial Bank for granting
me the paid study leave for the Bachelor programme.
v
ABSTRACT
Gender-based violence-including rape domestic violence, multination, murder, and sexual abuse
is a profound health problem for women across the globe. Although gender violence is a
significant cause of female mobility and mortality, it is almost never seen as a public health
issue. Recent World Bank estimate of the globed burden of disease indicate that in established
market economies gender based victimization is responsible for one out of every five healthy
days of lost to women or reproductive age on a per capita basis, the health burden imposed by
rape and domestic violence in the developing world, the percent attributed to the gender-base
victimization is comparable to that from other conditions already high on the agenda.
Female focused violence also represents a hidden obstacle to economic and social development.
By sapping women’s energy, undermining this confidence, and compromising their health,
gender violence deprives society of women’s full participation. As the United Nations Funds for
Women (UNIFEM) recently observed “women cannot lend their labor or creative ideas fully if
they are burdened with the physical and psychological scars of abuses, (Carilo 1992),p.II).
This paper draws together existing data on dimension of violence against women world wide and
reviews available literature on the health consequence of abuse. It also explores the relationship
between violence and other pressing issues such as maternal mortality health care utilization,
child survival, AIDS prevention and socioeconomic development.
To assist policymakers in addressing these issues, the paper explores insertion in primary
prevention, justice system reforms health care response programs to assist victims and treatment
and reeducation. Programs for perpetrators, It argues that any strategy to combat violence must
attack the root cause of the problem in addition to treating its symptoms. This means challenging
the social attitudes and beliefs those undergrid men’s violence and renegotiating the meaning of
gender and sexuality and the balance of power between women and men at all levels of society.
vi
ACRONYMS AND ABBREVIATIONS
UK- United Kingdom

USA United State of America
GIDD Gender in Development Division
ACHPR African Charter on Human and People’s Rights
GCDD Gender Children Development Division
NGP National Gender Policy
VSU Victim Support Unit
SADC Southern Africa Development Community
ADVB Anti-Domestic Violence Bill
NGOCO Non-Governmental Organizations Coordinating Council
UN United Nation
GBV Gender Based Violence
YWCA Young Women Christian Association
FGD Focus Group Discussion
GBV Gender Base Violence
GBH Grievous Bodily Harm
OABH Occasioning Actual Bodily Harm
vii
Table of contents
Contents
DECLARATION ............................................................................................................................................... ii
APPROVAL .................................................................................................................................................... iii
DEDICATION ................................................................................................................................................. iv
ACKNOWLEDGEMENT ................................................................................................................................... v
ABSTRACT..................................................................................................................................................... vi
ACRONYMS AND ABBREVIATIONS .............................................................................................................. vii
Table of contents ....................................................................................................................................... viii
CHAPTER ONE ............................................................................................................................................... 1
INTRODUCTION & BACKGROUND ................................................................................................................. 1
1.0: INTRODUCTION ...................................................................................................................................... 1
1.1 Background of the study ......................................................................................................................... 1
1.2. Statement of the Problem ..................................................................................................................... 4
1.3. Objectives: ............................................................................................................................................. 5
1.3.1. Main Objectives .............................................................................................................................. 5
1.3.2 Specific objectives: ........................................................................................................................... 5
1.4 Research Question .................................................................................................................................. 5
1.5. Significant of the Study .......................................................................................................................... 6
1.6 Conceptual framework ........................................................................................................................... 6
CHAPTER TWO .............................................................................................................................................. 8
LITERATURE REVIEW ..................................................................................................................................... 8
2.0 Introduction ............................................................................................................................................ 8
2.1 Background ........................................................................................................................................... 8
2.2 Prevalent of low prosecution of Wife Battery in Lopa County –South Sudan ........................................ 9
2.3 Culture................................................................................................................................................... 10
2.4 Economic factors ................................................................................................................................... 13
2.5 Education .............................................................................................................................................. 13
2.6 Police Attitude....................................................................................................................................... 14
2.7 Public Perception .................................................................................................................................. 15
2.8 Lack of Co-operation by Victims of Domestic Violence. ....................................................................... 16
viii
2.9 Victims’ Wishes ..................................................................................................................................... 16
2.10 Victimless Prosecution ........................................................................................................................ 16
2.11 Hearsay Evidence ................................................................................................................................ 17
2.12. Other Interventions (Shelters) ........................................................................................................... 19
CHAPTER THREE .......................................................................................................................................... 20
RESEARCH METHODOLOGY ........................................................................................................................ 20
3.0 Introduction .......................................................................................................................................... 20
3.1 Study Design.......................................................................................................................................... 20
3.2 Descriptive Study Design....................................................................................................................... 20
3.3 Explanatory Study Design ..................................................................................................................... 21
3.4 Study Area ............................................................................................................................................. 22
3.5 Study Population ................................................................................................................................... 22
3.6 Sampling Procedure .............................................................................................................................. 23
3.7 Study Sample......................................................................................................................................... 23
3.8.0 Data Sources .................................................................................................................................. 23
3.8.1 Data Collection ............................................................................................................................... 23
3.8.2 Primary Data .................................................................................................................................. 24
3.8.2 Secondary Data .............................................................................................................................. 25
3.8.4 Data Collection Techniques ........................................................................................................... 25
3.8.5 Focused Group Discussion ............................................................................................................. 25
3.8.6 Interview Guide.............................................................................................................................. 26
3.8.7 Pres-Test ........................................................................................................................................ 26
3.9.0 Data Analysis .................................................................................................................................. 26
3.9.1 Quantitative Data Analysis ............................................................................................................. 26
3.9.2 Qualitative Data Analysis ............................................................................................................... 27
3.10 Ethical Considerations......................................................................................................................... 27
3.11 Limitations of the Study ...................................................................................................................... 28
3.12 Work Plan ............................................................................................................................................ 28
CHAPTER FOUR ........................................................................................................................................... 29
PRESENTATION OF THE ANAYLSIS FINDINGS .............................................................................................. 29
Introduction ................................................................................................................................................ 29
4.1 Socio-Demographic Characteristics of Respondents ............................................................................ 29
ix
Table 2: Demographic Characteristics of Respondents (N= 100) ............................................................... 30
4.2 Wife Battery Cases Withdrawn Due to Victims’ Economic Status ........................................................ 31
Figure1: Proportion of Report Wife Battery Cases Withdrawn Due to Victims’......................................... 32
Economic Status ( N=60) ............................................................................................................................. 32
Figure2: Proportion of Report Wife Battery Cases Withdrawn Despite Victims ........................................ 33
4.3 Education background of Victim of Wife Battery ................................................................................. 34
Figure 3: Proportion of Respondent’s Views on the level of education of victims .................................... 35
Figure 4: Number of Respondents who viewed lack of information as rea why victims withdraw
cases of wife battery ................................................................................................................................... 36
4.4 Police Officers’ Attitudes towards Prosecution of Wife battery........................................................... 37
Figure 5 : Proportion of Police Perception about the Seriousness of Wife battery ................................... 38
Cases (N=60) ............................................................................................................................................... 38
Figure 6: Perception about sending a man to Jail for Wife Battery among Police Officers (N=60) ............ 39
Table 3: In the current law adequate in protecting wives as victims of DGBV (N=80) ............................... 40
4.6 Victim’s fear of persecution affecting prosecution of wife battery cases. ........................................... 40
Figure 7: Proportion of Respondents who viewed victim’s fear of persecution as the reason why victims
withdrew cases of wife battery (N=100)..................................................................................................... 41
4.7 Narrations, Suggestion, Opinion, Views, Recommendation and Comment from the Participants ...... 42
CHAPTER FIVE ............................................................................................................................................. 48
DISCUSSION, CONCLUSION & RECOMMENDATION ................................................................................... 48
5.0 Introduction .......................................................................................................................................... 48
5.2 Victim’s Economic Dependence ............................................................................................................ 48
5.3 Education Background of Victims of Wife Battery cases ...................................................................... 52
5.4 Police Officers’ Attitude towards Prosecution of Wife Battery ............................................................ 53
5.5 Victim’s fear of persecution of wife battery cases ............................................................................... 63
5.6 Lessons for Improved Gender Policy Intervention ............................................................................... 66
5.7 Conclusion ............................................................................................................................................. 68
5.8 RECOMMENDATIONS............................................................................................................................ 70
Appendix 1 .................................................................................................................................................. 72
Table3: Work plan schedule, Part 1 for the study on wife battery in Lopa County.................................... 72
Table 3: Work plan schedule, Part II for the study on wife battery in Lopa County ................................... 73
Appendix II .................................................................................................................................................. 74
x
Table 5: Tentative Budget for the Study on Wife Battery in Lopa County ................................................. 74
Biography .................................................................................................................................................... 75
APPENDICES: ............................................................................................................................................... 78
Appendix 1: Interview Guide for Survivors of Domestic Violence Low Prosecution of Wife Battery- Lopa
County ......................................................................................................................................................... 78
Introduction ................................................................................................................................................ 78
QUESTIONS; ................................................................................................................................................ 78
Appendix 2: Question for Victim Support Unit Officers Low Prosecution of Wife Battery- Case of Lopa
County ......................................................................................................................................................... 79
Introduction ................................................................................................................................................ 79
SECTION A: RESPONDENTS’ BACKGROUND INFROMATION ................................................................. 79
SECTION B: DOMESTIC GENDER-BASED VIOLENCE (WIFE BATTERY).......................................................... 80
Appendix 3: Questionnaire for Police Prosecutors ..................................................................................... 85
Low Prosecution of Wife Battery: Lopa County .......................................................................................... 85
Introduction ................................................................................................................................................ 85
Appendix 4: Questionnaire for Church Leaders .......................................................................................... 91
Introduction ................................................................................................................................................ 91
xi
CHAPTER ONE
INTRODUCTION & BACKGROUND
1.0: INTRODUCTION
This chapter presents background of the study, problem statement of the of the study, objectives
of the study, research questions, purpose of the study, Significance of the study, scope of the
study and conceptual framework of the study
1.1 Background of the study

Domestic gender based violence is a problems of women global and this problem manifests in
various forms, for instance, in the context of marriage or cohabitation, between siblings and be
between parents and their children (S.Lynn, 2004). However, many feminist researches have
pointed out that domestic violence is a gender neutral term and as such fails to clarify who is the
victim and who is the perpetrator, masking the fact that in many relationships women are most
frequently subjected to violence by men (Brodsky and Hare-Mustin, 1980). It is for this reason
therefore that the focus of this research was specifically on wife battery in order to emphasize on
whom the violence is mainly directed at, thus, the term domestic gender based violence will only
be retained for convenience purposes.
Wife battery is one of the many dimensions of domestic gender based violence. This form of
domestic violence involves overt physical force or violence perpetrated by the husband on the
wife. In most cultures, wife battery is often socially condoned therefore making it more
frightening (Afronet file, 1999). Also, the inequality existing between women and men fostered
1
by culture has perpetuated domestic violence, that this reflection of culture in the law has made it
inadequate in fostering protection to women as victims.
Research that exists indicates that wife abuse is a common and pervasive problem and that man
from practically all counties, culture, class and income and income groups indulge in domestic
violence (Law Commission of the United Kingdom in Law Commission no. 207, London,and
(HMSO). According to South Sudan Gender Based Violence Report (2007), wife battery is quite
prevalent in South Sudan and statics indicate the four in every ten women in South Sudan
experience violence.
South Sudan has demonstrated commitment and political will to deal with gender violence at
various levels. At the international level, South Sudan has signed and ratified all the major
international instruments and is a signatory to the African Charter on Human and People’s Rights(
ACHPR) .At national level the condemning of various acts which cause physical, sexual or
psychological harm or suffering to women and children is enshrined in the Transitional
Constitution of Republic of South Sudan, 2011 and Penal Code 2008 of South Sudan has also
established various institutions which include, South Sudan Legal Framework(SSLF) . In 2011
the Republic of South Sudan Formed the Ministry Gender, Social and Religious Welfare Affairs.
The incumbent minister is Agness Kwaje Lasuba, while Prisc Other institution established include
the South Sudan Women Parliamentary Caucus, (SSWPC), and the Victim Support Unit on
Sexual Violence.
In , 2011 South Sudan signed the Gender and Development Declaration of the Southern Africa
Development Community in which the Government pledged to take urgent measures to prevent
and deal with increasing levels of violence against women and children (SADC, Gender and
2
Development). The Government of the Republic of South Sudan under the leadership of Mr.
Salva Kiir Mayardit introduces the Anti-Domestic Violence Bill (ADVB) in parliament. And
most recently, acknowledging the urgency of addressing gender violence, on 2011 the president
of the South Sudan gave assent to the Gender Based Violence bill which henceforth became law.
However despite many efforts that have been made to protect victims of gender domestic violence
and police having made some reforms in responding to domestic violence, the number of
domestic assault has continued to escalate and domestic violence has remained a serious issue
because of low prosecution of wife battery case (Chulu, et al 2001).
Violence against women is a world –wide phenomenon and derives its root from time society
started differentiating roles between women and men. On the basis of the nature of the roles,
society started to perceive men’s roles as being superior to those of women and as such the status
of men was given a superior position that resulted in power imbalances and consequently abuse
(Sampa.et.al.1994). This phenomenon cut across class, age, race, religious and national
classifications, (GIDD report, 2000).
In the 1970, almost 90 years after the first law making domestic assault as a crime in the US, a
grass root political pressure increased to employ harsher domestic violence laws such as stricker
arrest policies. Arrest policy reform would eventually develop into policies that would require
police to respond to family violence in an aggressive manner, (David and Smith, 1995)
According to (Shreeve, 1995), evidence suggesting domestic violence date back 130,000 years to
the Neanderthals. In Europe, violence towards women was a common aspect of marriage since
medieval times. Up until the nineteenth century, there were no laws in the United Kingdom
prohibiting a man from physically abusing his wife (Giddens, 1993).
3
In the United State of America the first law to recognize a man’s right to discipline his wife with
physical force was an 1824 ruling by the Super Court of Mississipi permitting the husband to
exercise the right of moderate chastisement in case of great emergence, (Browne,1987). In the
case of Bradley vs. State, the Supreme Court ruled that a husband was allowed to use salutary
restraint in every case of wife misbehavior without being subjected to vexatious prosecution,(
Bradley vs. State 1 Miss 156 (1824), It was not until 1882 when Maryland became the first state
to outlaw wife beating and when finally criminalized, a charge of domestic assault carried a
punishment of 40 lashes or one year imprisonment, ( Howard and Lewia, 199).
1.2. Statement of the Problem

Despite many efforts in eliminating wife battery at international, regional and national level, the
problem has continued to escalate. Many perpetrators of wife battery have continued to evade
justice owing to the fact that few cases are being taken to court. (Chulu, et.al 2001) points out that
whereas many cases of domestic violence are reported to the victim support unit, very few of
them are prosecuted. For example. A review on the statics at a named Police Station’s Victim
Support Unit, records indicate that out of the total forty three( 43) cases reported in 2008 only one
(1) was taken to court, 24 cases representing about two percent while 18 cases or forty two
percent were withdrawn, 24 cases representing fifty six percent were still under investigation.
4
1.3. Objectives:
1.3.1. Main Objectives

 To establish factors that lead to low prosecution of wife battery case in Lopa County.
1.3.2 Specific objectives:

 To explore the socio-economic characteristics of wife battery.
 To examine police officers attitudes towards prosecution of wife battery cases.
 To assess whether or not victims, fear of persecution affects prosecution of wife battery
cases
 To propose policy recommendations for improved prosecution of wife battery cases
1.4 Research Question

What factors leads to low prosecution of wife battery cases in Lopa County
1.3.4. Research Question
 What are the socio-economic characteristics of victims of wife battery?
 What is the attitude of police officers towards prosecution of wife battery cases?
 Does victim’s fear of persecution affect prosecution of wife battery cases?
 What gender policy recommendations are needed to improve prosecution of wife battery
cases?
5
1.5. Significant of the Study
The results of the study would help to identify and address impediments of the possible causes of
low prosecution of wife battery. The results would also help to enhance policy interventions that
would strengthen serious enforcement on the part of the police and implementation on the part of
the judiciary of the already existing battery laws. This would ensure that many of the reported
cases are prosecuted and offenders are convicted or alternative measures are made thereby
assuring justice for the victim. The information generated from the study would also add to the
already existing body of knowledge.
1.6 Conceptual framework
Independent variables Dependent variables
Prevalent of low prosecution Police attitude
Culture Public perception
Economic factors Lack of cooperation
Education
Moderating variables
Victims wishes
Victimless prosecution
Hearsay Evidence
Other Intervention
6
The conceptual framework explains that Female focused violence also represents a hidden
obstacle to economic and social development. By sapping women’s energy, undermining this
confidence, and compromising their health, gender violence deprives society of women’s full
participation. As the United Nations Funds for Women (UNIFEM) recently observed “women
cannot lend their labor or creative ideas fully if they are burdened with the physical and
psychological scars of abuses, (Carilo 1992),p.II).
This explanation draws together existing data on dimension of violence against women world
wide and reviews available literature on the health consequence of abuse. It also explores the
relationship between violence and other pressing issues such as maternal mortality health care
utilization, child survival, AIDS prevention and socioeconomic development.
To assist policymakers in addressing these issues, this explores insertion in primary prevention,
justice system reforms health care response programs to assist victims and treatment and
reeducation. Programs for perpetrators, It argues that any strategy to combat violence must attack
the root cause of the problem in addition to treating its symptoms. This means challenging the
social attitudes and beliefs those undergird men’s violence and renegotiating the meaning of
gender and sexuality and the balance of power between women and men at all levels of society.
7
CHAPTER TWO
LITERATURE REVIEW
2.0 Introduction
This part of the chapter presents the literature of the study focusing into the variables.
Violence against women is a world –wide phenomenon and derives its root from time society
started differentiating roles between women and men. On the basis of the nature of the roles,
society started to perceive men’s roles as being superior to those of women and as such the status
of men was given a superior position that resulted in power imbalances and consequently abuse
(Sampa.et.al.1994). This phenomenon cut across class, age, race, religious and national
classifications, (GIDD report, 2000)
2.1 Background
Gelles and Strauss, (1989) that women are more likely to be physically assaulted, beaten and
killed in their own homes at the hands of a loved one than any place else or anyone else in
society, Gelles and Strauss (1975) cited in Gellesand Strauss (1989) indicated that one out of
every six wives reported that she had been hit by her husband at some point in her marriage.
These were findings in America in 1975 during the first national family violence survey. This
study based on interviews with every battered a national sample of more than two thousand
families also indicated that about one woman in every twenty two is a victim of physical abusive
violence each with every battered wife being attacked on average their times a year in the United
State of America.
Carrillo ( 1992) cited in oyekanni ( 1997) , indicated that in France ninety nine percent of victims
of violence are women while twenty five percent of women cited battery as reason for divorce.
8
Hyden (1994) also reported that nine thousand five hundred (19500) assault cases on women were
reported annually in Sweden while Ampto (1992) quoted by OfeiAboagyes (1994) reported that
five million assault cases were reported annually in Germany. According to the UN ( 1989) the
analysis of assaults on women in two Scottish villages in 1974 revealed that wife assaults was the
second most common form of violent crime recorded by the police.
Domestic violence is prevalent and a largely accepted part of family life in India (Kumar et al.
2002). The term intimate partner violence is often used to refer to domestic violence. Others use
the term gender based violence because some husbands are thought to use violence to control
wives, (Bott et al. 2005). In a study of rural women, thirty seven percent (37%) in Tamil Nadu
and forty five percent (45%) in Uttar Pradesh had been beaten by their husbands. According to
Jejeebhoy and Cook (1997), two third of women in rural Gujarat had experience some from of
psychological physical and sexual abuse.
2.2 Prevalent of low prosecution of Wife Battery in Lopa County –South

Sudan
There is not enough scholarly literature documented on low prosecution of wife battery cases
especially in South Sudan. But there is sufficient grey literature existing in both print and
electronic media where issues of wife battery withdraw of cases exposed at police and court
levels. Wife battery is quite prevalent in Lopa County- South Sudan and according to statistics
four in every ten women in Lopa experience violence. However, these statistics should be
interpreted against a backdrop of a tendency of most complainants to withdraw cases of violence
abuse for various reasons leading to low prosecutions. The most cited example has been that of
women who are economically dependent on their husbands and who have to return to the same
household where the assault may have taken place.
9
Some of the possible factors behind the low prosecution of domestic cases include culture (fear of
persecution), economic dependence and of victims ‘level of education, police attitude, public
perception and brides among others. According to Banda, A (2000) the patriarchal system has
given rise to the extension of male dominance over women leaving women powerless or deprived
of rights because the patriarchal society continues to make negative male practices very normal.
2.3 Culture
Traditional and cultures are important in understanding low tribunal of wife battery cases in the
sense that they bent on the subordination of women and the superiority of men, which is culturally
determined. In the case, discrimination is guided by the patriarchal notion that man is the head of
the household, owns and control everything in it including the wife and children. Most traditional
and customary practices regard women are minors to men and hence both their gender and sex
roles perpetuate the stereotype view of women, (GBV Report, 2000). Traditional practices like
the initiation ceremonies and pre-marriages counseling have been used to articulate the sexual and
gender role of a woman or wife as that of serving or pleasing the man. A woman or wife is
conditioned to make her marriage a success by preserving her marriage and keeping her marriage
problems secret which may lead to failure to report or withdraw wife battery cases once reported
to the police station (GBV Report, 2000).
According to women, s rights activist,Professor NkanduLuo, because of beliefs and the

socialization process, most women are brought up to tolerate men’s behavior including indecent
practices just to stay in marriage, “women would rather protect their husband and relatives in
order to remain in marriages because they think you are only respected when you are married and
most single. Some people think respect only comes when one is marriage, (The Post 2010,
December 10).
10
It is observe that over ninety nine percent of matrimonial cases in South Sudan are handled in
local courts. But this customary law as generally observed is based on traditions and customs of a
particular setting. It has therefore been identified that it is these customary law courts with the
highest gender bias. Customary law courts thus exhibit a wide range of bias on the basis of
gender.
Customary law allows a man to chastise a wife for wrong doing and does not allow a woman to
sue for divorce due to ill treatment by the husband, unless under very extreme statuses. Such ill
treatment may come by way of beating resulting in bodily harm, for example. Loss of teeth,
pregnancy, and hospitalization etctera. Usually when a wife goes to a local court and sues for
divorce she does not succeed. The traditional perception of values is that woman constitutes a
sector of society which has low status and is expected to be subordinates. As such, whenever a
woman seeks to establish her husband right, customary law would be very reluctant to appreciate
that ( Sampa et al.1994)
As in many African countries, civil law and customary law operate concurrently in South Sudan
civil law is formal written law of the country, codified in legislation, and drafted by parliament
and other state structures. Customary law is the country’s indigenous body of law. It is unwritten,
and shifts and evolves to meet changing circumstance (SMLS, 2008). Customary law varies
between tribes and clans, and there are over 50 of these in South Sudan, each with their own
systems and laws pertaining to marriage. It has been argued that it is impossible to identify single
concrete set of practices relating to marriage and assume that definition accords with all marriage
practice in South Sudan. (SMLS, 2008; 52). However, despite the differences, there are also many
commonalities. It is some of the common elements that this chapter attempts to examine.
11
Civil law in South Sudan guarantees equality to women under Article 20( 1) of the 2005 Interim
Constitution, which state , women shall be accorded full and equal dignity of the person with
men. In contrast, many aspect of customary law are inconsistent with women’s right and relegate
women to a lesser status, particularly in the realm of marriage and the family. Unfortunately,
despite the protection afforded to women by civil law customary law remains the dominant body
of law in most part of the country. This is partly because, as 2010, there were very few civil law
courts and structures around the country, and partly because few citizens have any real knowledge
or experience of civil law .The South Sudanese society is strongly traditional and deeply
patriarchal, and this is clearly evident in the institution of marriage. The roles and positions of
both men and women within marriage are clearly defined and strictly enforced: men are the heads
of households, holding position of authority within their families; women are subservient to their
husbands, with their roles focused on the home and the rearing of children. While not equal, this
division of roles and responsibilities was intended to ensure a clear allocation of tasks, and to
guarantee all were taken care of, protected and support. In practice, the system often leaves
women extremely vulnerable, with little recourse in cases of abuse or when husbands fail in their
duties of support and protection.
As with aspects of life in South Sudan. The civil was (1955-1972 and 1983-2005) impacted
significant in the institution of marriage. Rapidly changing circumstance and resulting shifts in
gender dynamics affected marriage. And the parts that women and men played within them.
While there were some very positive changes from women, arising from increased independence
and responsibilities that they took on during the war. There were also negative developments,
such as rising level of domestic violence, and an increase in early marriages arranged by
impoverished families seeking to accrue bride price.
12
2.4 Economic factors
It has been noted that education is not the only influence on domestic violence and tribunal of
wife battery cases. Links between domestic violence and education may be complicated, for
example households are less likely to experience stress due to poverty ( a possible cause of
domestic violence), because more educated people tend to have better paid jobs, ( Indian Journal
of Gender Studies, 2008)
Therefore, the issue of violence of against women in South Sudan and low prosecution of wife
battery case can be linked to the socio-economic status of women and strong masculine belief
which reinforced men’s dominance over women, Demographic Health Survey (2000),, while it
may be said that patriarchal beliefs tend to pre-dispose women to various forms of violence it is
mostly the attitude of some women themselves and society that tend to perpetuate this scenario.
2.5 Education
According to legal Resource Foundation (2001), the majority of South Sudanese are illiterate and
poor hence they do not know their rights are protected by constitution and therefore they do not
know they have the right to challenge their violation. Several previous researchers have found that
domestic and its eventual prosecution is associated with lack of education, ( Bottetal. 2005).
According to Martin et al (2002), Indian men are less likely to consider domestic violence less
acceptable if educated. However, male education is not the only factor, female education is also
effective. In Indian and other countries, the more education a woman has the less likely she is to
report having ever experienced violence, ( Kishor and Johnson, 2004). Women have higher status
in Kerala than in the rest of Indian and this has mainly been attributed to the beneficial effects of
education, (Lieten 2002). According to the Indian Journal of Gender Studies, (2008), a woman is
much less likely to experience domestic violence if she is more educated.
13
Information generated by Development studies and a study by the international Institute of
Epidemiology Network found that education reduces domestic violence, however in both studies
the violence did not decline incrementally with each added year of schooling but was most
specious when women attained relatively higher level of education. However, even a few years of
education seem to reduce the risk of domestic gender violence, (Indian Journal of Gender Studies,
2008).
Educated women are much less likely to think it is reasonable for a man to use violence against
his wife. It is hence probable that attitudes are central to the link between education violence and
successful prosecution of wife battery. Thus, the supposition is that there is a cause- effect
relationship in which educated people are less likely to consider domestic violence acceptable and
therefore not likely to put up with it. On the other hand, many uneducated women Condon
violence, indicating that education reduces violence by reducing women’s acceptance of it
(Indian Journal Studies, 2008).
2.6 Police Attitude

It has been noted that in instance where the wife is unfaithful, the police appear more likely than
victim to see wife assault as justified. This topic received much interest in the 1980s when
researcher observed that police were reluctant to initiate legal response to wife assault,
(Chatterton, 1983). Saunders and Size (1986) compare 116 police officers, 39 counselor
advocates from battered women’s shelters and 52 wife assault victims in the extent to which they
view wife assault as criminal and arrest as the best response all groups tended to rate marital
violence as bad in general. All groups agreed that marital violence was unjustified but police
officers were significantly more likely than victims and advocates to endorse the view that
violence was justifiable in the specific case of disloyalty by the victim. In addition police were
14
significantly less likely than other groups to believe that the best way to deal with marital
violence is to arrest the offending party, Hardy and Martin (1989) also found that police officers
attributed some responsibility for wife assault to the wife. Stith (1990) surveyed 72 married male
police officers about their likelihood of responding to scenarios of wife assault by arresting the
victim and discouraging arrest of the offender. The four variables in Stith’s statistical model were
sex-role attitudes, marital stress, and approval of marital violence which in turn had a significant
contribution to the model’s ability to explain the likelihood of an anti-victim. Officers who
admitted to assaulting their own wives were less likely to arrest another alleged wife assaulter.
Police officers’ attitudes to arrest may be also be affected by their identification with the husband
and by the notion of the sanctity of the home. Officers who believe that a man’s home is his castle
may be less inclined to pursue criminal charges. Still other officers believe that if a battered
woman stays with her husband then she either likes the abuse or at least deserves it, (Dekeseredy
and Hinch, 1991).
2.7 Public Perception
While the mandate of VSU is commendable, many observers told Human Right Watch that the
VSU was tainted by its association by its association with a police Force that did not enjoy the
confidence of the South Sudanese people can have faith in the VSU as people only go there out of
harassment (Manda,2002)
Moreover, when faced with a complaint, the VSU all too frequently fail to respond or are
ineffective. Most cases of abuse have gone through the VSU but they don’t follow-up or do
anything about it. “Where there is a docket, I don’t know who close it.” Juliet Chilengi –Director
15
of New Horizons Orphanage lamented at this lack of follow-up by VSU.(Human Rights Interview
with new Horizons Director, Lusaka, Zambia .June 1, 2002).
2.8 Lack of Co-operation by Victims of Domestic Violence.
Battered women enter the justice unaware of the realities of the modern criminal justice process.
They are often unprepared for the number of court appearances, the lack of input they have about
plea negotiations and sentencing, and the amount of protection the defendant receives for his
constitutional right. Victims who expected that the process will be predictable and straightforward
are often left dissatisfied with the justice system, in some instances it this dissatisfaction with the
system and lack of support that compel victim to request dismissal of charges, (Schmitt, S.,1997)
2.9 Victims’ Wishes
In any cases police have been chosen not to lay charges at the victim’s request. Many women are
reluctant to subject their husbands to public humiliation or to risk damaging his reputation or
career. Many battered women want the violence to stop but do not necessarily view arrest as the
avenue to achieve peace, some victims are embarrassed and intimidated by the prospect of
appearing in court to testify as a witness against their partner. Practical factors such as the need to
find child care or transportation or take time off from work in order to pursue criminal charges are
also deterrents for victims.
2.10 Victimless Prosecution
The practices of victimless prosecution developed in response to the fact that victims of domestic
violence are often reluctant or unwilling to cooperate and testimony of the victim is also known as
“evidence based prosecution”. This type of prosecution is known as evidence based because it
16
relies upon physical evidence and testimony of third parties to support the charges against the
defendant. Victimless prosecution typically works in conjunction with “no drop” policies
whereby prosecutors refuse to dismiss domestic violence cases at the request of the victim (
Davidjaros, 2005).
There are several techniques employed in victimless prosecution. These techniques include
creation of specialization matter courts and prosecution, and reducing other pressures on victims
caused by the often lengthy court process, (Davis Barbara and Caitlin, R., 2001). Furthermore,
police officers may be trained to assume that the case will be tried without the in-court testimony
of the victim. Here investigators must collect physical evidence including photographs of injuries
and damaged property, bloody clothing furniture or other tangible evidence. In this regard,
investigators treat domestic violence cases in a fashion very similar to the manner in which a
homicide is investigated,( Louise Ellison, 2002).
2.11 Hearsay Evidence
Acts of domestic violence often occur behind closed doors with no witnesses other than the victim
and the offender. If the victim does not wish to cooperate, the prosecution starts at a substantial
disadvantage. Prosecution attorneys have developed techniques for filing in evidentiary holes
created by uncooperative victims. Among the most important elements of a victimless prosecution
are statements made to police by victims and offenders at the scene of the incident? The
introduction of the statements of victims into evidence for consideration by the court has not been
without question. The 6thAmendments of the constitution of the United State of America gives
persons accused of criminal conduct the right to confront witnesses against them. In addition three
rules governing the admission of evidence in state and federal courts include a prohibition against
17
the introduction of hearsay evidence,( Celeste, E.Byron, 2005. As with most rules, the prohibition
against hearsay evidence exceptions. In the prosecution of domestic violence cases without the in-
court testimony of the victim, prosecuting attorney have relied heavily on these hearsay
exceptions;
 Excited utterance under rule 803(2)
 Present sense impressions under rule 803(3)
 Statements made to medical personnel under rule 803(4)
Excited utterances are utterance made by a person while under trauma and delight of a traumatic
experience. These statements are exceptions to the hearsay rule because statement is made under
such circumstance as to be deemed trustworthy. It believed that a person who is functioning under
trauma and delight has less capability of fabricating false statements for the gaining some
advantage,( Celeste, E. Bryron,2005).
Present sense impressions are statement which the declarant makes to another person while the
declarant is observing the event or immediately thereafter. It is suggested that present sense
statements are credited because the person making them has no time for fabrication or memory
failure, (Crawford Vs Washington, 310, 2005)
Statements made for the purpose of obtaining medical treatment are also commonly used as
evidence in domestic violence cases. These statements are believed to be trustworthy because the
declarant has a vested interest in providing accurate information to medical care providers. This is
because providing inaccurate information to medical first responders, nurses, and physicians
could result in further harm to a victim. Accordingly these statements have been an important
exception to the hearsay rule in cases involving domestic violence against reluctant witnesses. In
18
the domestic violence context a victim may seek medical attention following an attack and
describe to the medical personnel how and by whom the injuries were inflicted. This statement
may then be offered ad evidence in a trial, ( Celsete, E Bryron, 2005).
2.12. Other Interventions (Shelters)
Shelters are places where women fleeing from violent marital homes access temporal and safe
refuge. While in these places, women receive counseling and advice on the relevant organization
that can help. In South Sudan this service is provided by the Young Women Christian
Organization YWCA. The relevant of these shelters in assisting women as victims of wife battery
is supported by Connors (1989) who argues that shelters provision has proved to be the most
important service for victims of domestic violence. However, Brodsky and Mustin (1980) and
Register (1993) have countered Connors position and instead argue that though shelters provide
crisis intervention techniques for battered women, this intervention may not be a solution
everywhere. As reported by the Asian and Pacific Network (1990), in Vietnam the Women’s
Union rejected shelters and thus intervention directly in violent situations thereby focusing on
men’s behavior.
The situation therefore entails that there is urgent need to address the problem. Workable
strategies need to be arrived at, otherwise efforts that have gone in public awareness campaigns to
sensitize women on the need to report cases of domestic violence will be in vain. It is therefore
the purpose of this research to try and established the underlying factors and thereby make policy
recommendations
19
CHAPTER THREE
RESEARCH METHODOLOGY
3.0 Introduction
This chapter deals with the methods and designs that were used during the research work.
The tools and techniques that were used to collect the data, the study population that the sample
size was taken from and the statistical tools that were used to analyze data collected from the
field.
3.1 Study Design
This study adopted a mixed method design. The expressive and explanatory designs used
qualitative methods. A mixed method approach was considered so that the researcher could have
a holistic picture of what the phenomenon of tribunal was like (Shepard and Green, 2003:
Neumann, 2006
3.2 Descriptive Study Design
Using the arguments of descriptive research by Bless and Achola (1983), the researcher opted to
give an accurate account of the characteristics of wife battery and its tribunal. It also includes the
estimates of how frequently some events occur or of a proportion of people within a certain
population sharing certain views or acting in a certain manner. The subject of the investigation is
precisely determined before the research starts. Therefore this research utilized a description a
descriptive design in order to bring out the characteristics of the problem, for example, the
frequency of wife battery, the social economic characteristics of the victims of wife battery- that
is whether they come from high, medium or low social economic status. The description also
20
include the number of wife battery cases reported, those taken to court and those that are
withdrawn by way of reviewing the records at the selected police stations.
3.3 Explanatory Study Design
This is a type of research which is usually used when an explanation is sought for relationships
between variables. The explanatory research component of the design was structured such that the
researcher would be in opposition to elicit associations of wife battery and prosecution and not
simply to describe them. This is an argument Bless and Achola, (1983) advances for research that
takes and explanatory view. Way of a simple random system using a lottery method. To select the
5 required stations all the 12 grade B station were assigned with members of papers to identify
with the station. A raffle was conducted by folding and mixing these papers them to identify them
in a box and shaking them. After each shaking someone was asked to pick one. The number that
was picked with that identity was the station where the sampling frame was drawn. This was done
with placement meaning that you have to put back the selected unit during the selection process.
It was re-picked, and then you do not consider it but put it back. This made the population to
remain constant.
Since the focus of the study was on Victim Support Unit and Prosecutions officers all names of
VSU officers and their sub-groups of men and women, at each selected stations were listed to
select a sample for each selected station. Prosecutors are all based at Lopa County and their
selection was based on the list of their names provided about their population following the same
simple random system. Here the stratified sampling and proportionate procedure was used. This
was so because the sample and void bias. In this regard a sampling fraction for VSU and
Prosecutors sampling frame to come up with the proportionate sample size. This is denoted by
21
fh=nN where small n is for the sample size and capital N for population. The sample size of the
study was 112 and the population was 188 which gave a sample fraction of 112/188 given 59% of
the population as a sample size. Out of the sample size of 113 respondents, 5 VSU coordinators,
12 senior prosecutors, 25 church leaders were purposefully selected while 20 battery survivors
were conveniently selected. This was so because VSU coordinators and senior prosecutors are
very few who are very experienced hence getting all of them. On church leaders, because there
was no proper official list for the registered churches with the registrar of societies and the
survivors was due to the fact that their stay at YWCA drop in shelters was not permanent.
3.4 Study Area
The study was conducted in Lopa County of Lopit community in Torit State South Sudan
because it provides easy access to respondent of diverse cultural background. Lopa County is
situated in Eastern part of Lopit in Imehejek Head/Quarters.
3.5 Study Population
The sample size of the study was 112 and the population was 188 which gave a sample fraction of
112/188 given 59% of the population as a sample size. Out of the sample size of 113 respondents,
5 VSU coordinators, 12 senior prosecutors, 25 church leaders were purposefully selected while 20
battery survivors were conveniently selected
22
3.6 Sampling Procedure
Two stations which are
3.7 Study Sample
The sample size of this research was one hundred (100) respondents: 20 survivors of domestic
violence from YWCA shelter, 35 victim support unit officers 25 police prosecutions and 20 key
informants (church leaders)
3.8.0 Data Sources

Data that was collected comprised two sources- that is primary and secondary sources;
3.8.1 Data Collection

Data was collected through actual field using questionnaire and interview guides in order for the
study to capture specific and detailed information from the respondents’ narrators, suggestions
opinions views and comments. This data constituted the main source of information for the study.
The questionnaire that were used had both closed and open ended questions only required , for
example a ‘ yes’ or ‘no’ response. Structured questions were used in order to allow for an easy
comparison and quantification of the results. On the other hand, open ended question were used in
order to leave respondents free to express their answers as they wished. Questionnaires were
administered to victim support unit, public prosecutors and church leaders. Primary data was also
collected through the use of an interview guide. This method was used because there was need for
more specific and detailed information in order to facilitate comparison of the reactions of
different participants. The interviews were structured in the sense that a list of issues that were
investigated was made prior to the interview. The list contained some precise question and their
23
alternatives or sub-questions depending on the answers that were given to the main questions (
Bless and Achola, (1983). Interview guide was used when collecting information from survivors
of domestic violence at YWCA where focused group discussions were conducted.
3.8.2 Primary Data

Primary data was collect3d through actual field research using questionnaires and interviews
guides. This data constituted the main source of information for the study. The questionnaires that
were used had both closed and open ended questions. Closed ended questions were used to give a
choice of answers, some questions only required, for example ,a ‘yes’ or ‘no’ response. Structured
questions were used in order to allow for an easy comparison and quantification of the results. On
the other hand open ended questions were used in order to leave respondents free to express their
answers as they wished. Questionnaires were administered to victim support unit officers, public
prosecutors and church leaders. Primary data was also collected through the use of an interview
guide. This method was used because there was need for more specific and detailed information
in order to facilitate comparison of the reactions of different participants. The interviews were
structured in the sense that a list of issues that were investigated were made prior to the interview.
This list contained some precise questions and their alternatives or sub- questions depending on
the answers that were given to the main questions, (Bless and Achola.1983). Interview guide was
used when collecting information from survivors of domestic violence where at YWCA where
focused group discussions were conducted.
24
3.8.2 Secondary Data
Secondary data is data that has been collected by other investigators in connection with other
research problems or as part of the usual collection of social data as in the case of population
census. This is second hand data or at least once removed from the original event such as a
summary of important statistics, newspaper column based on an eyewitness account (
NeilSalkind, 2004). Thus, secondary data in this study included statistical data mainly from
official records and reports from official records and reports from the police; major records where
offences of wife battery are recorded from 2007 to 2010. These include occurrence book, Crime
registrar, Records book and the Court register and Non-Governmental Organizations like YWCA,
WILDAF, WILSA and many others which deal with gender issues.
3.8.4 Data Collection Techniques

3.8.5 Focused Group Discussion
Focused group discussions were held to elicit information from survivors of domestic violence. A
focus group discussion (FGD) is a good way to gather together people from similar backgrounds
or experience to discuss a specific topic of interest. The group of participants is guided by a
moderator (a group facilitator) who introduces topics for discussion and helps the group to
participate in a lively and natural discussion amongst themselves. The strength of FGD relies on
allowing the participants to agree or disagree with each other so that it provides and insight into
how a group thinks about an issue, about the range of opinion and ideas, and the inconsistencies
and variation that exists in a particular community in terms of beliefs and their experiences and
practices. Krueger, R.A. ( 1988).
25
3.8.6 Interview Guide
Data collection through this method was in from of structured interviews. The researcher had a
much more precise goal of gaining an insight into the experiences of the victims of wife battery.
This method was used because there was need for more specific and detailed information in order
to facilitate comparison of the reactions of different participants. The interviews were structured
in the sense that a list of issues that were investigated had been made prior to the interview. The
list contained some precise questions and their alternative or sub-question depending on the
answer to the main questions (Bless and Achola, 1983). Interview guide were used when
collecting information from survivors of domestic violence at YWCA where focused group
discussions were conducted.
3.8.7 Pres-Test
Before the final data was collected, apre-test was carried out in order to ensure that the data
collection instruments and questions were appropriate for the research
3.9.0 Data Analysis

Data was analyzed using mainly quantitative methods through quantitative methods was used for
part of the structured questionnaires.
3.9.1 Quantitative Data Analysis

Upon collecting information from the field, all questionnaires were checked to ensure uniformity,
consistence and completeness. Quantitative data collected through questionnaires was coded and
then analyzed using statistical package in Social Sciences SPSS. SPSS was used in an accurate,
precise, easier and fast way. Methods for verification and analysis of quantitative data included
26
frequency tables, cross tabulation and measures of variability. This was done in order to
understand patterns and relationship between variable.
3.9.2 Qualitative Data Analysis

Qualitative data was collected through note in focus group discussions and open ended questions
of the questionnaires. This data was analyzed manually using content or thematic analysis. This
technique involved compressing and categorizing many words into fewer content categories
which were based on explicit rules of coding or statistical computation. Qualitative content
analysis can involve any kind of analysis where communication content (speech, written texts,
interviews images etc.) is categorized and classified, (Robert Weber, 1990)
3.10 Ethical Considerations
Considering that the subjects of this study were human beings and sensitive records of the South
Sudan Police, there was need to ensure that subjects were protected from any kind of harm,
therefore, ethical issues were taken into account. Thus, first and foremost, consent from relevant
authorities was sought in the case of South Sudan Police and YWCA shelter. Owing to the
sensitive nature of the records that were reviewed in the selected police stations, the researcher
ensured that information that was obtained from these records was kept confidential- that is,
information obtained was restricted to the researcher and used only for academic purposes;
secondly, direct treated with utmost respect and also confidentiality was exercised. Lastly, having
had put all the said issues into consideration, clearance to proceed with the research was sought
from the Ethics Community of University Juba
27
3.11 Limitations of the Study
Due to limited resources, the study was conducted only in selected areas of I ngofe,Lohutok,
Obunge and Imehejek County which included five (5) police station this meant that not all the
police stations were interviewed; however this was mitigated by ensuring that the selected sample
was as representative as possible. Furthermore, owing to the sensitive nature of the topic that was
researched, there was a possibility of non-0responses from participants which was however
mitigated by employing more skill and caution when soliciting for information and also by
making follow ups.
3.12 Work Plan
Data collection was done from December 2017 to April 2018. This time allowed for an
exhaustive collection of information from the identified respondents. However, the initial steps
involved obtaining letters of authority from South Sudan police and YWCA. Thereafter, clearance
to proceed with the research was sought from the Ethics Committee of the University of Juba.
After this, the final research commenced and data that was collected was organized and analyzed
before writing the report. The activities and approximate time frames are as illustrated in the work
plan schedules.
28
CHAPTER FOUR
PRESENTATION OF THE ANAYLSIS FINDINGS
Introduction
This chapter presents finding based on the information collected from the selected respondents
who participated in the study. The chapter shall begin by describing the demographic
characteristics of all the participants, then findings from the victim support unit and
the police prosecutors. This shall be followed by data collected from church leaders and finally
findings from the survivors of wife battery. Data has been organized and presented according to
the sequence of the four objectives of the study starting with the victims’ socio-economic status,
police attitude, and victims’ fear of stigmatization. However, presentation of socio-economic
factors have been disaggregated into economic and socio factors.
4.1 Socio-Demographic Characteristics of Respondents
The sample size of this study was done one hundred (100) respondent broken down as follows; 20
YWCA shelter survivors of domestic violence, 35 victim support unit officer,25 police
prosecutors and 20 key informants ( church leaders). Of the total participants, table 1 show that 57
respondent were female while 43 were male representing sixty two percent (62%) and thirty eight
percent (38%) respectively. The study shows that the majority of the participants were female.
The table also revealed that the majority of the survivors of domestic violence representing eight
five (85%) were below thirty five years(35% ) of age
29
Table 2: Demographic Characteristics of Respondents (N= 100)
AGE GROUP Survivors of Police VSU Church Total

Domestic Prosecutors Officers Leaders
Violence
n (%) n (%) n (%) n (%)
24-35 17 (84.5) 13 (52.2) 17 (49.0) 10 (49.8) 57

36-45 3 (14.6) 7 (28.4) 15 (42.7) 25
46-65 5 (20.1) 3 (8.4) 10 (50.4) 18
Sex
Male 17 (68.0) 11 (312) 15 (75.1) 43
Female 20 (100.0) 8 ( 32.3) 24 (69.0) 5 (15.0) 57
Level of
Education
Primary 2 (100.0) 2
Junior 13 (65.1) 13
Secondary
Senior 5 (25.4) 8 (31.6) 20 (65.5) 9 (45.3) 42
Secondary
Tertiary 17 (68.0) 15 (43.1) 11 (54.5) 43
Marital Status
Married 20 (100.0) 13 (52.0) 30 (86.4) 13 (65.2) 76
Single 12 (48.4) 5 (14.2) 7 (34.6) 24
Total 20 (100.0) 25 (100.0) 35 (100.0) 20 (100.0) 100
30
4.2 Wife Battery Cases Withdrawn Due to Victims’ Economic Status
Figure 1 shows a total of sixty (60%) police officers from the victim support unit and
prosecutions were asked to respond as to how often cases of wife battery were withdrawn because
victims could not support themselves financially. For six (46) respondents representing seventy
six percent(76%) said very often, seven respondents representing twelve percent(12%) said quite
often while another seven (7) representing g twelve percent(12) said often.
31
Figure1: Proportion of Report Wife Battery Cases Withdrawn Due to
Victims’
Economic Status ( N=60)
80%
76%
70%
60%
50% very often
40% quite often
30% Often
20% 12% 12%
10%
0%
32
Figure 2 shows respondents from officers who were asked how often victims of wife battery
withdraw cases of wife battery despite having their own source of income. The study revealed
that twenty five (25) respondents representing forty two percent (42%) said very often, 12 (20%)
said quite often and 18(30%) said often while 5(8%) said rarely.
Figure2: Proportion of Report Wife Battery Cases Withdrawn Despite

Victims
Having Own Source of Income (N=60)
45%
40% 42%
35%
30% very often

30%
25% quite often
20% Often
20%
15% Rarely
10%
5% 8%
0%
33
4.3 Education background of Victim of Wife Battery
Police officers from the victim support unit and prosecutions were asked whether victim’s level of
education affected the prosecution of wife battery cases. Figure 3 shows that majority of forty two
(70%) respondents said victim’s level of education affected the prosecution of wife battery while
eighteen respondents representing thirty percent(30%) reported that level of education did not
affect the prosecution of wife battery cases.
34
Figure 3: Proportion of Respondent’s Views on the level of education of
victims
Affecting prosecution of wife battery (N=60)
80%
70% 70%
60% victim’s low level of
50% education affected
40% prosecution
30% 30% victim’s low level of
20% education didn’t
10% affect prosecution
0%
35
According to Figure 4, the majority (73%) of the respondents agreed that many victims of wife
battery withdrew cases of wife battery due to lack of information while only twenty seven percent
(27%) disagreed.
Figure 4: Number of Respondents who viewed lack of information as

rea why victims withdraw cases of wife battery
50
45
44
40
35
30 Agreed
25 Disagreed
20
15 16
10
36
4.4 Police Officers’ Attitudes towards Prosecution of Wife battery
Objective number two sought to establish whether police attitude affected the prosecution of wife
battery cases. Various questions were asked to assess how officers reacted to different scenarios
concerning victims of domestic gender based violence. Respondents were asked to express their
opinion on the seriousness of wife battery. As presented in Figure 5, thirty-three (33) respondents
representing fifty five (55%) though wife battery was a very serious case while fourteen( 14)
respondents representing twenty three percent (23%) though wife battery was serious. Twelve
respondents though it was slightly serious and only on (2%) though it was not serious.
37
Figure 5 : Proportion of Police Perception about the Seriousness of Wife
battery
Cases (N=60)
60%
55%
50%
40%
Very serious
30% Serious
Slightly serious
20%
23% 20%
% Not serious
10%
2%
0%
Figure 6 shows police officers’ perceptions about having a man sent to jail by the courts of law of
wife battery. This question was meant to assess whether officers encouraged withdrawals because
they believe it was not good to send a man to jail due to cultural values which in turn may affect
their attitude towards wife battery cases. According to the study it was revealed that twenty two
38
officers (22) representing sixty three percent (63%) said no while eleven (11), thirty one percent
(31%) said sometimes it is okay to send a man to jail.
Figure 6: Perception about sending a man to Jail for Wife Battery among
Police Officers (N=60)
70%
60% 63% Okay to send to Jail
50% not okay to send to Jail
40% sometimes it is okay to
30% send to Jail

31%
20%
10%
6%
0%
39
Table 3 shows respondents from police officers and church leaders who were asked whether the
current law is adequate in protecting wives as victim of domestic gender based violence. The
majority 56 (70%) of the respondents agreed that the current law was adequate in protecting
wives as victim gender based violence while 24 (30%) disagreed.
Table 3: In the current law adequate in protecting wives as victims of

DGBV (N=80)
Item Yes No Total
# 56 24 80
% 70 30 100
4.6 Victim’s fear of persecution affecting prosecution of wife battery

cases.
Objective number three sought to establish if victims’ fear of persecution had a bearing on the
prosecution of wife battery. Therefore in order to address this objective, all the participants in the
study were asked to state whether cases of wife battery was withdrawn because victims feared the
opinion of relatives or society.
40
Figure 7 shows the majority of the respondents who participated in the study representing eight
three (83%) said yes to the question while only seventeen percent (17%) said no.
Figure 7: Proportion of Respondents who viewed victim’s fear of

persecution as the reason why victims withdrew cases of wife battery
(N=100)
90%
80% 83%
70%
60% Yes
50% No
40%
30%
20%
17%
10%
0%
41
4.7 Narrations, Suggestion, Opinion, Views, Recommendation and
Comment from the Participants
In order for the study to also capture and detailed information from the respondents, narrations,
suggestion, opinion, views and recommendations were gathered through focused group
discussions and open ended questions infused in the questionnaire. This approach of collection
information was meant to bring out experiences of the victims of wife battery and also capture
data that may have been left out in the closed ended questions of the questionnaires.
The various responses that were gathered from the survivors of wife battery indicate that the
majority of the participants only went to the police after the incidences of battery at home had
escalated to very serious levels. Furthermore, out of those victims who reported to the police, the
majority only went to report as a way of instilling fear in their husbands and not necessarily to
have the assailant jailed. Hence, most participants said they went to the police only to have their
husbands disciplined since they had no capacity to do so on their own. The study also reveals that
among the victims that sought the intervention of the police, many did so because they had
realized that their relationships were beyond redemption and hence they had nothing to lose.
However, most respondents preferred holding on to the relationship hoping for the problem to go
away as opposed to going to the police.
Respondents were also asked if they would withdraw cases of wife battery if they had their own
source of income. Most respondents said they would not withdraw such cases from the police if
their husbands were very abusive but if they had been beaten only once or a few times
participants said they would withdraw or totally not report such cases. Among the various reasons
42
that most participants believed that being beaten was not wrong if the wife was at fault and in
some instance was indicative of their husbands’ love. These participants were however quick to
categorize the type of beating that was tolerable. If the beating involved slapping or slight
shoving, the majority of the participants felt that such beating could be tolerated and thus did not
warrant reporting to the police. However, if fist, kicking and use of other objects were involved,
some participants felt such aggression needed to be reported if it persisted. Some participants felt
pressured to stay in abusive relationships due to children whom they felt should grow up with
both parents.
Yet still, other participants indicated that even when they had an interest in pursuing the course of
justice, sometimes it was difficult or even impossible to do so because of the attitude of some
police officers. Mary Chanda, not her real name’ narrated that her husband of thirteen years had
beaten her several times. When she finally decide to go to the police because the situation was
getting worse, Mary said the police discouraged her from going to court insisting that the offence
was not very serious and that she was not serious with taking the case to court. The police kept
telling her to consider the welfare of the children let alone the marriage, ‘we know you are not
serious you will come to withdraw the case just go and think about it,’ the police insisted.
Another victim of wife battery narrated that she had been in marriage for nineteen years and that
her husband beat her once. Nancy,’ not her real name’ said when she was beaten she did not go
to the police because she believe that she was the one who be wrong since she did not tell her
husband where she had gone on that material day. Nancy said however her relatives had told her
to report to the police if she wanted but she felt that since her husband was not in the habit of
beating her she saw no point especially that she was the one who blame. Nancy also explained
that her social economic status was not a factor in deciding whether to go to court or not, adding
43
that she was beaten she never went to the police even when she had her own source of income.
According to Nancy, whether one works or not they should report to the police if their husbands
are very abusive.
Concerning whether the current law is adequate in protecting victim of wife battery, respondents
seemed to hold varied views. Some of the respondents said the current law was adequate since the
courts were able to send a person to jail if convicted for assault and this they said is provided for
section 223 of 2008 penal code of the laws of South Sudan. These respondents went further to
criticize the enactment of the new Anti-Gender Based Violence Act which they said was an
unnecessary and bad that risks ending up barren on shelves like its sister law- sexual harassment
of penal code Act. The following reasons were hence cited; Anti GBV ACT was said to be a
duplication of some already existing and effective laws, for example assault occasioning Actual
Bodily Harm sec 244 Voluntarily Causing Hurt without Provocation sec 232 Voluntarily Causing
or Grievous Hurt without Provocation sec 237 sec 206, Murder, sec and several other provision of
the penal code. A person may even be charged with attempts to commit any of such offences
under sec208 down to sec 222 of the penal code. These provisions are more specific and certain in
terms of degree of injuries and circumstance under which they are committed as opposed to
naming offences ranging from mere word utterances to serious injuries in a blanket tag, ‘GBV’.
Therefore the penal code is competently placed to deal with these offences already.
Furthermore, the respondents point out that the Anti GBV Act is likely to conflict with the penal
code as regards the law enforcer’s choice of which offence to charge the accused with. This
comes about because the objective of Anti GBV Act is equally punishment. For instance, it was
argued that why should a law enforcer opt that GBV when the extent of injury calls for grievous
bodily harm? Is it possible that GBV can offer a higher sentence upon conviction than the latter?
44
Perhaps one should argue that the Anti GBV Act unlike penal code comes with incentives to help
the family in an event of imprisonment of the breadwinner. It was stressed that such an
undertaking is not welfare department? According to some respondents, this department failed
because funds are either misappropriate or stolen by controlling officers. Funds at the socio
welfare office are not accessible by the beneficiaries. The respondents further argued that
currently there are many orphans on the streets as a result of failures of the office to help them.
Therefore, even if NGOs advocating for Anti GBV Act had funds to help victims of GBV, the
question is how much should be a family allocation? It is going to cater for children’s school fees
and feeding for the whole family and for how family and for how long?
In addition, GBV is practically difficult to implement successfully. This is because it deals with
persons whom to a larger extent are either intimately connected or is close associates usually such
persons do not want their partners to go to prison. A victim support analysis revealed that ninety
(90%) of such cases are withdraws just at the police investigation level. Even if the law enforcers
refuse to allow withdraws and take them to court, victims do not turn up to tender evidence, and
the new Act has no provision as to further course of action in such an instance. Reasons for the
Anti GBV Act should end at sensitization and to engage the community in discussions not
prescribing punishment as punishment is already provided for in the penal code.
Other explained that the current law was not adequate since there were no specific provisions of
wife battery in the penal code saying that wife battery falls within the general category of assault
which include occasioning actual bodily harm (OABH), unlawfully wounding and grievously
bodily harm (GBH). The participants explained that since the categories do not discriminate on
the basis of gender there is an inherent inability to fail to deal with the unique nature of assault
that takes place between spouses. It was therefore for this reason that most assaults that take place
45
between spouses never go very far because in most cases victims do not easily avail themselves to
give testimony.
Therefore, lack of willingness to testify by victims of wife battery was stressed by most police
prosecutors and victim support unit officers are being the major barrier. Most participants thus felt
that a law should be enacted to compel victims of wife battery to testify against their husbands.
This measure they said was only sure way of having many wife battery cases prosecuted. This
point was echoed by many participants from the different groups of the study that were
interviewed.
The study further revealed that efforts to effectively prosecute wife battery cases were being
hampered by lack of protection of the victims of wife battery. Most victims evens after reporting
to the police have to go back to their husband’s houses. This leaves them vulnerable to further
abuse or intimidation either from husband or relatives. In other instance it is the victims
themselves who tend to feel sorry for their spouses due to the nature of the relationship. As a
result most victims end up being discouraged to go ahead and appear in court against their
assailants. A number of participants thus recommended that institution and legal framework
needed to be strengthened by specifically addressing gender based violence cases. Support
structures like the community services Directorate which houses the victim support unit and drop-
in- centers like YWCA and many others needed to be sufficiently funded.
Other stressed the fact that the response rate of the police from the time a complaint is made to
arrest sometimes gives the offender time to discourage the victim not to go ahead with the case.
Standard procedure is that when a victim complaint to the police about an alleged assault they are
supposed to be issued with medical report which will require an expert in the medical field to
46
sign. After the medical report is signed by medical by a medical expert it is supposed to be taken
back to the police where a statement is recorded from the complainant and a docket of case
opened. It is only after this stage that the police can make a follow –up. However, this process
may take time resulting in many victims being discouraged along the way. Therefore in most
instance, there lapse of time may also cause other victims to get discouraged or persuaded by their
assailants to act otherwise. Hence many complaints after being issued with medical reports never
come back to the police so that a follow-up can be made. This situation was thus attributed to the
inadequacy of the law because it does not provide for a speedy arrest of the offenders of wife
battery due to what many called unnecessary procedures.
Other accomplices recommended that encouragement was needed, thus a lot of sensitization and
awareness campaigns should be made in order to raise awareness and hence equip wives with
information regarding their rights and also to empower them with wife surviving skills. Further
still, others suggested that society should also focus on programs to counsel husbands on the
dangers of beating a wife and also inculcate Christian values in them.
47
CHAPTER FIVE
DISCUSSION, CONCLUSION & RECOMMENDATION
5.0 Introduction
This chapter presents the discussion of findings and therefore, the main issues that have been
presented in the previous chapter shall be highlighted and discussed in relation to the objective of
the study and literature that has been reviewed. Hence, this chapter also gives an overview about
what other authors have written regarding wife battery and narrations, suggestions, opinions
gathered from the participants. In this chapter, like the preceding chapter, data has been organized
and presented according to the sequence of the four objectives of the study starting with the
victims’ economic dependence, police, attitude, victims’ educational status and victims, fear of
stigmatization.
5.2 Victim’s Economic Dependence
Objective number one of this study sought to establish if the victim’s financial position (economic
dependence) affects the prosecution of wife battery, people from different sections of society have
always argued that gender based violence is general and wife battery in particular has always been
as a result of the compromised social-economic status of women in society. Different schools of
thought have stressed the fact that women are vulnerable because of their financial dependence on
men which in most cases results in failed prosecution of wife battery cases. The discovery made
by this research however had mixed results. Whereas the wider view held by people was
confirmed, another question regarding this position was also raised, indicating that it is not always
the case that victims withdraw wife battery cases due to their financial dependence on men.
48
According to the South Sudan Gender Based Violence Report, (2001), statistics of the prevalence
of wife battery in South Sudan should be interpreted against a backdrop of a tendency of most
complainants withdrawing cases of violent abuse for various reasons. The most cited example has
been that women who are economically dependent on their husbands and have to return to the
same household where the assault may have taken place. The report further points it that this can
best be illustrated by the records obtained from the police which indicate that one thousand and
sixty (1,060) assault cases of women reported in Lopa only 372 proceeded to the stage of arrest
and this is without referring to the number of cases that actually went to prosecution and resulted
in conviction.
The foregoing argument can, in part, be supported by evidence from this study which has also
shown that in many instances victims of wife battery have time and gain withdrawn cases of
assault perpetrated by their husbands because they cannot support themselves financially. From
the various responses obtained in the study, it immediately becomes apparent that most
withdrawals at the police stations have been as a result of victims complaining that they had
nothing to eat at home because the sole bread winner had been incarcerated. The majority of
police prosecutors and victims of wife battery report unit officers were able to confirm that in
many instances after victims of wife battery report to the police and the perpetrator brought to
book, the complainant would again come back to ask for the case to be discontinued. Therefore,
prominent among the various reasons which victims have indicated as bases for withdrawing wife
battery cases is the failure to support the family due to lack of income.
Hence, the study was able to confirm that victims, lack of income has a bearing on the
prosecution of wife battery cases and in a vicious circle, lack of prosecution renders wives
vulnerable to more violence. This view is also held by the Indian Journal of Gender Studies
49
(2008) which has stated that women bear a disproportionate burden of the world’s poverty.
Statistics indicate that women are more likely than men to be poor and at risk of hunger because
of the systematic discrimination in employment and control of assets. Being poor can also mean
they have little protection from violence.
The study however discovered that there also statistics of wife battery cases being withdrawn by
victims who were in gainful employment. Police prosecutors and victim support unit officers
were able to indicate that there also a number of wife battery cases being withdrawn by victims
who had an income. A case in point is the one involving a named TV personality who was beaten
by her husband and reported the case to the police only to end up withdrawing the matter and this
was also despite the Anti GBV Act being in place (The Post 2012, Postbag Column, and February
27).
The forgoing scenario is supported by responses from participants who were also asked if they
would withdraw cases of wife battery even if they had their own sources of income. Most
respondents said they would not withdraw such cases from the police if their husbands were very
abusive; but if they had been beaten only once or a few times participants said they would
withdraw or totally not report such cases. Among the various reason that were given for not
pushing through with prosecution included the fact that most participants believed of their
husband’s love. These participants were however quick to categorize the type of beating that was
tolerable. If the beating could be tolerated and thus did not warrant reporting to the police.
However, if fists, kicking and use of other objects were involved, some participants felt that such
aggression needed to be reported if it persisted. Some participants felt pressured to say in abusive
relationships due to children whom they felt grow up with both parents.
50
Another victim of wife battery narrated she had been in marriage for nineteen years and that her
husband beat her one. Nancy, ( not her real name) said when she was beaten she did not go to the
police because she believe that she was the one who was wrong since she did not tell her husband
where she had gone on the material day. Nancy said however her relatives had told her to report
to the police if she wanted but she felt that since her husband was not in the habit of beating her
she saw no point especially that she was the one to blame. Nancy also explained that her socio,-
economic status was not a factor in deciding whether to go to court or not, adding that when she
was beaten she never went to the police even when she had her own source of income. According
to Nancy, whether one works or not they should report to the police if their husbands are very
abusive.
In some instances wife battery cases failed to reach prosecution stage despite the husband not
being in any meaningful employment. This scenario therefore raises the question that economic
dependence was not the only reason why wife battery cases were being prosecuted.
Despite women’s financial dependence being the highly proclaimed factor for how prosecution of
wife battery cases, it is however not necessarily the only reason that explains the phenomenon of
low prosecution. The revelation is that women do not want to hold on to the relationship purely
because of the financial dependence on men. The issue that comes to the fore here is that of the
sanctity of marriage. According to Ferraro and Boychuk,(1992), most women’ s first response
when hit by a partner is not to leave immediately, file for divorce and never look back. In many
cases woman calling for help with a battering partner is not declaring an end to the relationship,
she is asking for help to control his violence. At the point of prosecution many women ask court
for help for their abuser rather than imprisonment. When marriage occurs, the state and state
sanctioned religion intervene to ensure that both parties take their obligation to matrimony
51
seriously. Even in the case of no-fault divorce the dissolution of marriage is much slower.
Informal social control is very clear and strong. Divorce represents failure and should be avoided
unless all possible remedies have been exhausted especially if children are involved.
Hilton (1993) also further consolidates the foregoing argument by stressing that most battered
women want the violence to stop but do not necessarily view arrest as the avenue to achieve the
peace. In fact, many victims are terrified that their husbands will exact revenge if charges are laid.
Still others are embarrassed and intimidated by the prospect of appearing in court to testify
against their partner. In many cases police have chosen not to lay charges at the victim’s request.
Many women are reluctant to subject the husbands to public humiliation or to risk damaging his
reputation or career.
All these arguments therefore to go show that women’s economic dependence or men is not the
only cause of the low prosecution of wife battery cases. This does not however mean that the
argument should be totally dispelled. It cannot be denied that the economic status of women
affects a lot of decisions which they make. Refusing to go through with prosecution after being
battered is one of the decisions which are affected. This study was able to confirm the position
that many cases fail to be prosecuted because of women’s financial dependence on men.
However, care must be taken to avoid laying more importance on this factor alone without taking
other variables into consideration
5.3 Education Background of Victims of Wife Battery cases
The second part of objective number one of the study was aimed at establishing whether the
educational background of the victims has an effect on the prosecution of wife battery cases. In
order to achieve this goal, various categories of respondents were interviewed . The first category
52
comprised of police officers from victim support unit, prosecution and church leaders. From this
category only the respondents’ views were elicited. The other category the study focused on the
education attainment of the victim who are interviewed and compared this with the various
decisions they made regarding prosecution of wife battery.
According to majority of the respondents who are interviewed, the study was able to establish that
the level of education of the victims is indeed one of the important factors in the prosecution of
wife battery. It is common place knowledge that education is power and that decisions made by a
person by and large reflect on the educational attainment of each individual. When a person is
educated it also follows that they have the power to make information choices. Education is many
respects entails empowerment, therefore it is no surprise that a large number of women who
experience violence in their homes also have low or no educational attainment. In the same vain,
the study revealed that most of victims who went to the police to withdraw cases of wife battery
after reporting or refused to go to court had a humble educational background. Many of these
victims only had a secondary school level of education attainment, with the majority being below
grade nine. The officers narrated that when victims of domestic violence when to the police to
report that their husbands had assaulted them, it was more or less out of coercion either by family
members or neighbours. Some of the victims did not even know that they needed to report to the
police. Officers explained that in many instances they were at pains in trying to explain to the
victims the importance of taking the perpetrators.
5.4 Police Officers’ Attitude towards Prosecution of Wife Battery
Objective number two of this study sought to establish if the police attitude affects prosecution of
wife battery cases. In order to do this the study had questions for the respondents which are
53
tailored to gauge how officers from both victim support unit and police prosecutors reacted to
certain situations. These situations included how the two section of the South Sudan police
viewed the seriousness of wife battery; whether wife battery was a good case to go to court;
whether they felt it was okay to send a man to jail for beating his wife; and if they felt that the
current law was adequate in dealing with wife battery cases.
Failure to prosecute wife battery has been attributed by some quarters of society to inadequate
attention paid to such cases by the police. The attitude of the police in dealing with wife battery
cases has now and gain come up as one of the hindrances to the effective prosecution of such
cases.
The above view is also held by Saunders and size (1986) who compared 116 police officers, 39
counselor advocates from battered women’s shelters and 52 wife assault victims in the extent to
which they viewed wife assault as criminal and arrest as the best response. All tended to rate
marital was unjustified; however, police officers were significantly more likely than either victims
or advocates to endorse the view that violence was justifiable in the specific case of infidelity by
the victim. In addition, police were significantly less likely than other groups to believe that the
best way to deal with marital violence is to arrest the offending party.
The finding of this research are also able to partially confirm the above revelation and indeed
removing the notion held by many people that wife battery cases had a low prosecution rate
because officers believed such cases were not good to take to court. Bearing in mind that the
attitude of the police officers towards wife battery cases can also be affected by inadequacies of
the law, the study included questions to gauge officer’s perception about the adequacy of the law
in prosecuting wife battery.
54
The information gathered from other research participants did not support the data collected from
the police. This study was able to establish that police attitude is a factor in the prosecution of
wife battery case. According to the findings, some participants indicated that even when they had
an interest in pursuing the course of justice, sometimes it was difficult or even impossible to do so
because of the attitude of some police officers, Mary Chanda, ‘ not her real name’ narrated that
her husband of thirteen years beat her several times. When she finally decided to go to the police
because of situation was getting worse, Mary said the police discourage her from going to court
insisting that the offence was not very serious and that she was not serious with taking the case to
court. The police kept telling her to consider the welfare of the children let alone the marriage.“
We know you are not serious you will come to withdraw the case just go and think about it’, the
police insisted.
The cascading effect of the police attitude has in some instance resulted in victims who end up
discouraged to follow through with prosecution. This view has been supported by Ford et.al
(1883) who has stressed that in many respects, victim’s nonparticipants is a self-fulfilling
prophecy attributed to the action of the prosecutors, judges and defence attorneys. In a bid to test
victim’s commitment to have their husbands prosecuted, prosecutors persistently ask victims if
they really want to follow through. In some instance prosecutors may even give victims reasons
for not pursuing charges: for example, that it will cost the defendant money that might be better
spent on the family; that it will create more stress and conflict in the family. Given all these
reasons, victims may feel that if they chose to proceed, they may not have the support of the
prosecutors. It further stresses that in other instance prosecutors may elect to wear down a
victim’s resolve to proceed with prosecution by requesting continuance ( adjournments) thereby
necessitating multiple trips to court Ford et. Al. To further consolidate this position, Walker,
55
(1997) point out that often women are made to feel responsible for their own victimization
through screening questions; are you still living with this man? Have you filed for divorce? Why
do you stay with him? Such questions make battered women feel little support in seeking to
prosecute their partners; this situation arises out of the officers’ attitude towards wife battery
cases.
Other respondents stressed the fact that the response rate of the police from the time a complaint
is made to arrest sometimes gives the offender time to dissuade the victim not to go ahead with
the case. Standard procedure is that, when a victim complains to the police about an alleged
assault, they are supposed to be issued with a medical report is signed by a medical expert it is
supposed to be taken back to the police where a statement is recorded from the complainant and a
docket of case opened. It is only after this stage that the police can make a follow-up. However,
this process may take time, resulting in many victims being discouraged along the way.
Therefore, in most instance, the lapse of time also other victims to get discouraged or persuaded
by their assailants to at otherwise. Hence many complainants after being issued with medical
reports never come back to the police so that a follow –up can be made. This situation was thus
attributed to the inadequacy of the law because it does not provide for speedy arrest of the
offenders of wife battery due to what many called unnecessary procedures.
On whether the current law is adequate or not, varied views were gathered. Some of the
respondents pointed out that the current law was adequate in protecting victim of wife battery
because there are provisions under our laws which provide for prosecution of wife battery
perpetrators. In line with this argument, many respondents cited section 223 of the penal code
which provides for prosecution of assault offences. The respondent said that the current law was
adequate because the courts were able to send a person to jail if convicted for assault. These
56
respondents went further to criticize the enactment of the new Anti –Gender Base Violence Act
which they said was an unnecessary and bad law that risks ending up barren on shelves like its
sister laws-sexual harassment, . The following reasons were hence cited , the Anti GBV Act was
said to be a duplicate of some already existing and effective laws, for example ,assault
Occasioning Actual Bodily Harm, sec,244 Unlawful Wounding, sec 230 Grievous Bodily Harm
sec,244 sec , Murder sec206 and several other provisions of the penal code . A person may even
be charged with attempts to commit any of such offences under sec 244 down to section 263 of
the penal code Act. These provisions are more specific and certain in terms of degrees of injuries
and circumstances under which they are committed as opposed to naming offences ranging from
mere word utterances to serious injuries in a blanket tag, ‘GBV’. Therefore the penal code is
competently placed to deal with these offences already.
Furthermore, the respondents pointed out that the Anti GBV Act is likely to conflict with the
penal code as regards the law enforcer’s choice of which offence to charge the accused with. This
comes about because the objective of the Anti GB Act is equally punishment. For instance, it was
argued that why should a law enforcer opt for GBV when the extent of the injury calls for
grievous bodily harm?. Is it possible that GBV can offer a higher sentence upon conviction that
the latter? Perhaps one should argue that the Anti GBV Act unlike the penal code comes with
incentives to enable help the family in an event of imprisonment of the breadwinner. It was
stressed that such an understanding is not sustainable. Is the Anti GBV Act trying to offer an
alternative to the failures of the social welfare department? According to some respondents, this
department failed because funds are either misappropriated or stolen by controlling officers.
Funds at the social welfare office are not accessible by the beneficiaries. The respondents further
argued that currently there are many orphans on the streets as a result of failure of the office to
57
help them. Therefore, even if NGOs advocating for Anti GBV Act had funds to help victims of
GBV, the question is how much should be a family allocation?. Is it going to cater for children’s
school fees and feeding for the whole family and for how long?
In addition, GBV is practically difficult to implement successfully. This is because it deals with
persons whom to a larger extent are either intimately connected or is close associates usually such
person do not want their partners to go to prison. A victim support analysis revealed that ninety
(90%) of such cases are withdrawn just at the police investigation level. Even if the law enforcers
refuse to allow withdraws and take them to court, victims do not turn up to tender evidence , and
the new Act has no provisions as to further course of action in such an instance. Reasons for this
vary from love to culture. Therefore, some respondents explained that perhaps their Anti GBV
Act should end at sensitization and to engage the community in discussions not prescribing
punishment as punishment is already provided for in the penal code. However, some doubt was
cast on this position because when asked whether there should be a law to compel wives to testify
against their husbands in wife battery cases, it was discovered that the majority of the officers
wanted such a law to be enacted.
Despite stating that the law on wife battery was adequate, however, indicating that there should be
reforms only points to the fact that actually the current law was not adequate and subsequently
this can be a factor which has a bearing on the officer’s attitude. The major reason why officers
felt a law should be enacted is the refusal by victims of wife battery to testify against their
husbands when cases reached prosecutions stage. Bannon et al (1975) supports this position by
stating a principle reason prosecutors cite for their unwillingness to accept cases of wife assault is
58
what they considered high rates of victim caused case attrition. It is well documented that many
battered women do seek to withdraw charges after filing. Report from traditional jurisdictions
around the South Sudan indicate that 50%-80% of battered women will drop charges either by
requesting dismissal or by failing to appear in court as a witness. The observation therefore that
was made by the study is that because of the high incidence of victims of wife battery failing to
follow through with prosecution, many officers’ interest to prosecute such cases was greatly
affected.
Therefore, negative attitude by the police in dealing with wife battery cases (which can be
attributed to inadequacies in the legal framework) has largely impede prosecution. Henceforth,
many respondents suggested that in order to improve prosecution of wife battery cases, a law
should be enacted to compel victims to testify against their assailants and also not to allow
victims to withdraw such cases. Victimless prosecution typically works in conjunction with “no
drop” policies whereby prosecutors refuse to dismiss domestic violence cases at the request of the
victim, (David Jaros, 2005)
However, other officers argued that the said section of the penal code is not adequate in
addressing gender based violence that takes place between spouses. Others explained that the
current law was not adequate since there were no specific provisions of wife battery in the penal
code, saying that wife battery falls within the general category of assault which includes
occasioning actual bodily harm (OABH), unlawful wounding and grievous bodily harm (GBH) .
The participants explained that since these categories do not discriminate on the basis of gender
there is an inherent inability to fail to deal with the unique nature of assaults that takes place
between spouses. It was therefore for this reason that most assaults that takes place between
59
spouses never go very far because in most cases victims do not easily avail themselves to give
testimony.
The study further revealed that efforts to effectively prosecute wife battery cases were being
hampered by lack of protection of the victims of wife battery. Most victims even after reporting to
the police have to go back to their husband’s houses. This leaves them vulnerable to further abuse
or intimidation either from the husband or relatives. In other instance it is the victims themselves
who tend to feel sorry for their spouses due to the nature of the relationship. As a result most
victims end up being discouraged to go ahead and appear in court against their assailants. A
number of participants thus recommended that the institutional and legal framework needed to be
strengthened by specifically addressing gender based violence cases. Support structures like the
community service Directorate which houses the victim support unit and drop-in-centers like the
YWCA and many others needed to be sufficiently funded.
In summation therefore, as regards police attitude, the study revealed a number of issues. First
and foremost, many of the officers interviewed were able to indicate that wife battery was very
serious case and felt that arresting and prosecution of the perpetrators was the best course of
action. Secondly, conflicting views were received on whether the current law was adequate in
addressing wife battery. Whereas many respondents felt that the current law was adequate, a
contradiction arose when the same respondents were in favour of reforms to the legal framework
by enacting a law of force victims of wife battery to testify against their husbands and also not to
withdraw such cases. Lastly but not least, the study was able to establish that despite the officer’s
appreciation of the seriousness of wife battery as a criminal offence their interest in effectively
handling such cases was largely hampered by victim’s refusal to testify. This scenario can be
traced down to the law which does not sufficiently provide or cater for wife battery offences. As
60
such, most officers dealing with such cases seem to have developed a negative attitude. Hence,
police attitude has been identified as one of the bottlenecks in the prosecution of wife battery.
To court. Yet still, in some cases, victims did not even know that such atrocities could go to court
and the perpetrator receive punishment.
Response obtained from church leaders were also overwhelmingly in support of the officers’
narrations. Church leaders explained that time and gain some of their church members have
confided in them about the violence in their homes. According to the church leaders, many of the
victims of wife battery they counseled exhibited elements of ignorance about legal remedies
available. The church leaders narrated that in the event that they were not able to talk to the
culprits they always advised the victims to go to the police but only with great persuasion. It is
therefore clear to see that with little information due to level of education, victims of wife battery
can only but end up making wrong decisions that consequently perpetuate their exposure to more
violence.
The above argument is supported by Legal Reform Foundation (2001) , which has stated that the
majority of South Sudanese are illiterate and poor hence they do not know their rights are
protected by the constitution and therefore they do not they have the right to challenge their
violation. What also became apparent in the study was the victims’ level of education affected
prosecution in the sense that victims of wife battery with low or no education attainment were
more tolerant of being beaten. As such, this category of victims find it difficult to proceed with
reporting to the police let alone push through with prosecution.
To further consolidate the above sentiments several previous researchers have found that domestic
violence and lack of prosecution is associated with level of education, (Bottet al2005). According
61
to Martin et al (2002), in India and other countries,’ the more education a woman has, the less
likely she is to report having ever experienced violence, (Kishor and Johnson, 2004). Research by
Gujurat Institute of Development Studies found that sixty percent (60%) of women with no
education had been assaulted by their husbands, compared with ten percent (10%) of women with
secondary or higher education, ( Burton et al.2000). Women have higher status in Kerala than in
the rest of India and this has mainly been attributed to the beneficial effects of education. ( Lieten
2002). According to the Indian Journal of Gender Studies, (2008), a woman is much less likely to
experience domestic violence if she is more educated.
More support for the above arguments is provided by studies conducted by the Gujurat Institute of
Development Studies and by the International Epidemiology Network which found that education
reduces domestic violence, however in both studies the violence did not decline incrementally
with each added year of schooling but was most apparent when women attained relatively higher
levels of education. However, even a few years of education seem to reduce the risk of domestic
gender based violence,( Indian Journal of Gender Studies, 2008).
Educated women are much less likely to think it is reasonable for a man to use violence against
his wife. It is hence plausible that attitudes are central to the link between education, violence and
subsequent prosecution. Thus, the supposition in that there is a cause-effect relationship in which
educated people are less likely to consider domestic violence acceptable and therefore not likely
to put up with it. In the event that wives who are educated are beaten they are always
knowledgeable of the opinions available and are quick to want to seek legal redress. On the other
hand, many uneducated women condone violence, indicating that education has appositive impact
on the prosecution of wife battery cases by reducing women’s acceptance of violence ( Indian
Journal of Gender Studies, 2008)
62
The study was therefore able to reveal the interdependence between education and prosecution of
wife battery. Through interaction with some survivors of domestic gender based violence it was
clear that the majority of the victims who had a humble educational background were also highly
dependent on their husbands. As a result a vicious circle is created whereby due to low level of
education women become disempowered leading to high dependent exposure to domestic
violence and the wrong decisions culminating into low prosecution of wife battery cases.
Therefore for effective prosecution to take place, women must be equipped with relevant and
appropriate education which should make them productive and self-reliant. In the words of
Nyerere, education liberates liberates from the constraints of ignorance and dependence as well as
to increase people’s mental freedom to their control over themselves. In light of the foregoing
therefore, educating women has several advantages; it does not only liberate women from
ignorance and the shackles of oppression by men but also helps improve their social –economic
status and thus empowerment, Edstrom et al (1970).
5.5 Victim’s fear of persecution of wife battery cases
Civilization has set many aspects of humanity in motion, inevitably bringing change to many
fronts of human existence. While in some areas change has been quickly accepted as having
positive impact on life, in other areas it has met with opposition and its acceptance has been
gradual. An example of where change has not been smooth is in the area of human tradition.
While culture itself is known to be in a state of flux and hence it has intervened with the dynamic
wheels of modernity, however, it has carried with it some old trait that have had a negative effect
on society. The suppression and oppression of women is one such area where the negative
63
attributes of some cultural traits are being felt. This study therefore went flat out to establish the
link between culture ( fear of stigmatization ) and the low prosecution of wife battery cases.
Many are the times that women have restricted to do certain things or make particular decisions
all in the name of culture. There is no place on earth where this is more evident that in the home.
This study established the influence culture has no house wives regarding making decisions which
may be perceived as going against their husbands. Very often than other not, victims of wife
battery usually find themselves torn between culture and their own right of life. Many women are
told that marriage is sacred, as such it should be preserved at all costs It is an open secret to learn
that most house wives who have passed through the hands of some traditional counselors and
taught to accept a beating by the way of running into the bedroom as opposed to outsider or worse
still to the police. It is thus against this backdrop that many victims of wife battery usually have
second thoughts about going to the police and those eventually make up their minds about
reporting such atrocities will have overcome many barriers.
A large percentage of cases have failed to be prosecuted because victims feared what their
relatives’ from both sides and even members of the community may think, say or do to them.
According to the responses obtained from both the questionnaires and the interviews, many
respondents were able to attest to the fact that there were many cases which failed to go to the
courts of law because some victims of wife battery feared to be stigmatized as having failed to
keep a home . In most instance however, the influence not to have cases of wife battery
prosecution comes from the relatives to pressure from the in-laws. This pressure usually ranges
from gentle persuasion to open threats. Sometimes the in-laws may confront the victim of wife
battery and tell them that they will have nothing to do with the children should the wife decides to
push through with the case. Faced with such a scenario, sometimes victims are pushed in a corner
64
with limited choices. For fearing to be labeled as a bad person a wife who is actually a victim
fears more victimization.
The fear of relatives by victims of wife battery which is largely imbedded in culture has been
acknowledged by many quarters of society. According to the Gender Based Violence Report
(2000). A woman or wife is conditioned to make her marriage a success by preserving her
marriage and keeping her marriage problems secret. The report has further stressed that most
traditional and customary practices regard women as minors to men and hence both their gender
and sex roles perpetuate the stereotype view of women. Traditional practices like the initiation
ceremonies and pre-marriages counseling have been used to articulate the sexual and gender roles
of a women or wife as that of serving or pleasing the man., (GBV Report,2000).
The patriarchal principles of women’s subordination within the family form the principle of
family law. Various components of customary law treat women as properties of their husbands.
Most customs embedded in customary law are now conduit for rampant violence against women.
Violence in marriage is cemented by the traditional belief that husband is allowed to chastise his
wife once in a while as a form of disciplinary measure. In most traditional settings, beating a wife
was considered to be a normal custom which is held strongly by the majority demands that wives
should be submissive and not reveal domestic squabbles including beatings, (GBV, Report,
2000).
The study thus revealed that most women had been brought up to believe that it is right for a
husband to beat them, hence the decision to have the violence reported and prosecuted wrecks
feeling of apprehension because they believe they are doing something wrong. This wrong
65
perception which usually culminates in fear of relatives is what has resulted in many cases of
domestic gender based violence fail to be prosecuted.
5.6 Lessons for Improved Gender Policy Intervention
The penal code of the laws of South Sudan provides for wife battery under the general category of
assault. Many people have argued that these provisions of assault are adequate in addressing
domestic gender based violence or wife battery in particular. It is however important to realize
that wife battery as an offence is quite different from other forms of assault because of the unique
nature of the relationship between strangers is punishment, this may not necessarily always be the
case with wife battery and this perhaps explains why prosecuting wife battery cases is very
problematic.
It has been discovered that many victims of domestic gender based violence who go to the police
to report do not do so in order to see their husbands get a jail sentence. By and large, though these
victims report to the police, they still have an interest to continue with marriage depending on the
level of violence. This observation was also made by Ferraro and Boychuk (1992), who argued
that most women’s first response when hit by a partner is not to leave immediately, file for
divorce and never look back. In many cases a woman calling for help with a battering partner is
not declaring an end to the relationship, she is asking for help to control his violence. At the point
of prosecution many women ask the court for help for their abuser rather than imprisonment.
Thus, in as much as many people would want to see perpetrators of wife battery receive
punishment, this may not always be the wish of the victim. This is evident in the high incidences
of withdrawals and in some cases victims’ refusal to testify against their assailants. Does this
situation therefore mean that such cases should be thrown out of the public legal domain? On the
66
contrary, wife battery cases now more than ever need legal intervention. The big question is what
type of intervention should be employed?
Empirical evidence suggests that the current law is not adequate in dealing with domestic gender
based violence due to its inherent failure to provide alternative punishment for perpetrators other
than imprisonment. Martins, (1978) has stressed that arrest and jail sentence are not universally
accepted as appropriate consequences for wife assault as most battered women are more
interested in their partner’s rehabilitation than punishment. Jaffe and Burris (1981) also echoed
the above sentiments when they observed that women in shelters often wish to continue their
marriage if only the violence would stop. In line with most women’s wish various attempts have
been made to promote treatment for wife assaulters as opposed to incarceration.
In supporting the above claim, Saunders and size (1986), observed that although assaulted women
might be afraid to denounce their partner before the police or in court, when consulted in less
threatening environments they express a wish for protection for themselves and for treatment for
their abuser.
An effective social-legal approach is thus needed to provide alternative forms of punishment that
may give a transformative opportunity to offenders while at the same time balancing the need to
protect the victim and trying to preserve the family in cases where there is need to do so. The
importance of this approach should lie in the understanding that most victims of wife battery
refuse to proceed with prosecution because they would want to save the marriage. The approach
of providing alternative intervention is appropriate should be assessed on a case by case basis
bearing in mind the differential profiling of wife batterers, the gravity of the offence and the
willingness or lack of it by both parties to reconcile.
67
5.7 Conclusion
The importance of gender equality especially in the contemporary world cannot be
overemphasized. However, in order for gender equality to be attained, there is need to ensure that
women are emancipated from the bondage of suppression. It is this recognition that has seen the
fight against gender based violence receives center stage in recent years. However, low
prosecution for perpetrators of wife battery has continued to be a major setback in this quest.
Thus, the thrust of this research came from the need to better understand the phenomenon of low
prosecution of wife battery by delving deep into the problem and attempt to establish the
underlying factors.
The study was able to identify four variables that had a strong link to the problem under
investigation which included; victims’ economic dependence, police attitude, victims’ level of
education and victim’s’ fear of persecution, and through the interviews various responses were
collected. The study revealed that many cases of wife battery failed to be prosecuted because
victims had no income to sustain themselves since the bread winner had been lock up. The
responses gathered indicated that in many cases, victims of wife battery would come back to the
police station barely after a few hours or just a day to plead with the officers to have their
husbands released. One of the major reasons that most victims give as a basis for withdrawing
cases in their inability to support the family in the event that their husbands are send to jail.
Some victims however refused to push through with prosecution because they felt threatened by
their relatives who may have been in disagreement with the victims’ decision. Victims’ lack of
education was also identified as one of the contributing factors to low prosecution of wife battery.
The study revealed that the majority of the victims who went to report instance of violence at
68
home were of low educational status. The three aforementioned factors combined would easily be
grounded into women’s economic dependence on men as the major reason for increasing
domestic gender based violence. Caution should however be taken not to solely rely on these
economic factors in the quest for solutions. As shown by the study, there have been many
instances where victims of wife battery have refused to follow through with prosecution despite
being financial independent. The study also revealed the in some instances victims withdraw
cases even when the husband was not employed.
Police attitude was yet another cause for low prosecution of wife battery cases. This factor is
however precipitated by the complicated nature of the relationship between the victim and the
perpetrator. Despite officers’ appreciation of the gravity of wife battery and willingness to
prosecute perpetrators, their efforts are usually frustrated by the victims’ insistence to withdraw
such cases of failure to testify. It is therefore this situation that has resulted in poor attitude by
officers when dealing with wife battery cases. These factors however are not mutually exclusive
and hence sometimes may occur simultaneously putting victims in very awkward situations.
The study also revealed that the current law is not adequate in protecting victims of wife battery
hence many respondents suggested that reforms be made for an effective approach to the problem.
An important observation that was made is that besides imprisonment, some other reforms of
intervention also need to be introduced with the primary focus of providing rehabilitative service
to the assailants. It is important to note that applying the wrong intervention to a problem only
brings about undesired results and hence perpetuating the problem. Need thus arises to come up
with appropriate legal social intervention in a wife-husband assault.
69
5.8 RECOMMENDATIONS
The study found out that most perpetrators of wife battery fail to be prosecuted because victims
decline to testify against these assailants. Therefore in order to improve prosecution of wife
battery cases the government should enact a law to compel victims of wife battery to testify
against their husbands especially in very serious circumstances where the life of the victim is
threatened.
The other problem that police prosecutors out as a hindrance to effective prosecution of wife
battery cases was the failure by victims to show up at court. In order to circumvent this problem, a
law should be enacted to allow for a wife battery cases to proceed without the testimony of the
victim as is the case in other countries, for example Canada.
The study also revealed that in many instances that a victim of wife battery reports to the police
they seek help to stop the violence and not necessarily to send their husbands to jail. Therefore
there should also be provisions in the law for alternative reforms of punishment form perpetrators
of wife battery besides imprisonment, for example, court mandated rehabilitative or treatment
programs.
An effective approach of dealing with any problem is to tackle it before it happens. It is undenial
that gender based violence has been perpetuated by culture through the agents of socialization, it
is therefore important to note that the problem can only be addressed by changing people’s mind
sets. An effective instrument in this quest is to engage in extensive sensitizations and awareness
campaigns in communities especially the younger generation (pupils and students). Currently the
department in the South Sudan police charged with this responsibility (Community Service
Directorate) is underutilized and usually mot supported financially and logically. Therefore the
70
government through the police high command and all stake holders should step up funding
allocations to the community Service Directorate CSD in order to change its operations. In order
to keep track of habitual wife battery there is need for proper record keeping of perpetrators at all
VSU offices. Therefore victim support unit coordinators should ensure that records of wife
battery are kept whether a case goes to court or not. This is important because the appropriate
course of action to take in any particular wife battery case sometimes can be informed by the
profile of the perpetrator.
71
Appendix 1
Table3: Work plan schedule, Part 1 for the study on wife battery in Lopa
County
Activity Activity Personnel February March April
No 2017 2017 2017
week Week week
1 2 3 4 1 2 3 4 1 2 3 4
1 Preliminary supervisor
Approval of
research
proposal
2 Obtaining of Researcher
letters of
authority
3 Submission of
proposal of
Ethics
Committee
4 Pre-testing of Researcher
questionnaires
5 Standardizing of Researcher
questions and
questionnaires
72
Table 3: Work plan schedule, Part II for the study on wife battery in Lopa
County
Activity No Activity Personnel January Feb March
2018 2018
1 2 3 4 1 2 3 4 1 2 3 4
6 Data Collection Researcher
7 Organization of researcher
collected data
8 Data analysis Researcher

and and
interpretation supervisor
9 Reporting Researcher
writing and
presentation
73
Appendix II
Table 5: Tentative Budget for the Study on Wife Battery in Lopa County
No Description Units Days Cost/Days Total Cost
(k)
1 Stationary
Bond paper 3 1 10,000 30,000
Pencils 5 1 300 1,500
Note books 2 1 2,000 4,000
pens 5 1 2,00 1,000
Sub-Total 31,600
2 Secretarial
Typing 3 10 1,500 15,000
Binding 3 3 1200 10,800
Printing 3 2 500 3,000
Binding 3 3 1500 13,500
Sub-Total 42,300
3 Transport &Lunch
Transport 9 200 1800
lunch 9 500 4500
accommodation 9 3,000 27,000
Sub-Total 33,300
Total 107,200
74
Biography
April Howard and Susan Lewis(1999) ‘ History of Domestic Violence: A Timeline of battered
women’s movement’. Minnesota Center against Violence and Abuse.
Artilc 1 of the United Declaration of Elimination of Violence against Women
Asian and pacific women,s Collection Network (1990). Asian and Pacific Women’s Resource
and Action Series Health, Kuala Lumpur. Asia and pacific Development Center.
Bott, S., A.Morrison and M.Ellsberg (2005) ‘ Preventing and Responding to Countries: A Global
Review and Analysis’.
World Bank Policy Research Working paper 3618.
Afrone File Issue no.8 Juary-March 1999, P.8
Bless,C and P Achola, Fundamentals of social Research Method; An African Perspective.
Brian J Ostrom and Nicole B Kauder (1998) Examining the Work of State Courts: A National
Perspective from the court statistics project, Williamsburg, VA: National Center for State Courts.
Brinegar,J, (1992), Breaking Free from Domestic Violence. Comp care Publisher, Minneapoli
USA, Minnesota.
Brodsky, A. and Hare-Mustin, R (1980), Women and Psychotherapy; An Assessment of Research

and Pratice. Guilford, New York.
Connors, J. (1989), “Government Measures to Confront Violence against women,” in: Davies
Miranda. (ed.) women and Violence: Realities and Responses World Wide Zed books, London.
Christine, R. and Elena, K. ( 1991) Heinemann International Dictionary. Heinemann Education

publishers, England.
Confronting Violence. Manual for common wealth Action. Commonwealth Secretariat.

Marlborough House, Paul Mall, London, June,1992, p.17.
75
CSO (2000), Demographic Health Survey, Lopa County, South Sudan
John Simister and Judith Makoweic (2008). Domestic Violence in India: Effects of Education.
Indian Journal of Gender Studies.
DIDD, (2000). Gender Based Violence, “ Technical Committee Report, cabinet Office South
Sudan.
Gelles, R. J. and Strauss, R.M. (1989), Intimate Violence: The Cause and Consequences of Abuse
in the American Family, Simon and Shuter, New York
South Sudan Penal Code Act 2008
Giddens, 1993
Hyden, M. (1994) Women Batterying as Marital Act: The Construction of a Violent Marriage.
Scandinavia University Press, Scandivania
James Shreeve (1995) The Neanderthal Enigma: Solving the mystery of modern human origin.
New York, Morrow
Jejeebhoy, S.J. and R. J. Cook (1997), ‘ State Accountability for Wife Beating’ The India
Challenge’, lancet, 349 (March): SI 10-12
Krueger, R.A. (1988) Focus Group: Apractical quide for applied research. Sage, UK.
Kumar Satish, C., S.D. Gupta and G. Abraham (2002), Masculinity and Violence against women
in Marriage: An Exploratory Study in Rajasthan,’ (Ed.) Men, Masculinity and Domestic Violence
in India: Summary Report of Four Studies. Washington DC.
Law Commission of the United Kingdom. Law Commission no 2017, London, HMSO.
Legal Resource Foundation (LRF), News Number 33Luzaka, Zambia,2001.p.6
Louise Elison, (2002) Prosecuting Domestic Violence without Victim participation. Modern Law
Review, 65.
76
Ofei-Aboage, R.O. (1994),’ “Altering the Strand of the Fabric: A preliminary look at Domestic
Violence in Ghana,” SIGN, 19,4.
Oyekanmi, F.(ed.), (1997), Men Women and Violence. Council for the Development of social
Science Research in Africa, CODESRIA, UK.
Registered, E. (1993), “Feminism and Recovering from Battering: Working with Individual
women,” in Hasen and Harway, (ed.) Battering and Family Therapy; A Feminist perspective.
Sage, UK.
Robert C Davis and Barbara Smith (1995) ‘Domestic Violence Reforms: Empty promises or
Fulfilled expected? Crime and delinquency.
Robert Philip Weber, (1990), Basic Content Analysis 2nd Edition. Newsbury Park, CA:Sage.
SADC, Gender and Development: A Declaration of Head of Status of SADC par. H (ix)
September, 8’ 1997.
Shipway, L. (2004). Domestic Violence: a handbook for health professions. New York Shreeve,
1995
Schmitt, S. “Combating Domestic Violence: Prosecution can proceed with or without the
Victim’s participating, “Law and order magazine April, 1997.
S.Lynn, 2004
The UN Center for Social Development and Humanitarian Affairs on Violence against Women in
the Family. 1989.
77
APPENDICES:
Appendix 1: Interview Guide for Survivors of Domestic Violence Low

Prosecution of Wife Battery- Lopa County
Introduction
Dear respondent
My name is Ohide A Emmanuel Ojok and I am a student of Uganda Pentecostal University

pursuing a bachelor Degree in Laws. As a partial fulfillment for the program, the students are
requires to research on topic of their choice. As a topic of choice, domestic gender base violence
(wife battery) captured my interest mainly because of my profession as a Law student. Be
informed that you are have been positively selected as a source of valuable information. In
addition collected through this research is strictly for academic purposes and therefore shall be
kept confidential.
You are also free to choose to participate in this research and therefore you can choose to pull out
any time. However, your participation will be most valued.
QUESTIONS;
How long has the violence been going on?
Did you decide to go to the police the first time it happened?
Would you agreed to have your husband jailed for beating you?
Have you ever been pressurized by your husband’s relatives not to report the case to the police or
take it to court
Do your relatives or parents encourage you to stay on in marriage despite your husband beating
you?
Do you think the victim support unit officers are very helpful when dealing with such cases?
78
What do you suggest to the government should do to help women facing such problem?
Appendix 2: Question for Victim Support Unit Officers Low Prosecution of

Wife Battery- Case of Lopa County
Introduction
Dear respondent
My names are Ohide .A. Emmanuel Ojok and I am a student of Uganda Pentecostal University
(wife battery) captured my interest mainly because of my profession as a Law student. Be
informed that you have been positively selected as a source of valuable information. In addition
collected through this research is strictly for academic purposes and therefore shall be kept
confidential.
SECTION A: RESPONDENTS’ BACKGROUND INFROMATION
Respondent sex? Male [ ] Female [ ]
How old were you at your last birth day? [ ]
What is your marital status?
Married [ ]
Single [ ]
Widow/Widower [ ]
Separated [ ]
79
What is the highest level of education you have attained?
(a) Primary education [ ]

(b) Secondary (8-9) [ ]
(c) Secondary (8-9) with in –service training [ ]
(d) Secondary (10-12) [ ]
(e) Secondary (10-12) with in-service training [ ]
(f) Tertiary (college/University) [ ]
What is your occupation?.......................................................
How long have you been serving in the same capacity?
(a) Less than months [ ]

(b) I year [ ]
(c) Two years [ ]
(d) Three year but less than seven years [ ]
(e) Seven years and above [ ]
SECTION B: DOMESTIC GENDER-BASED VIOLENCE (WIFE BATTERY)
Do you know what wife battery is?
(a) Yes [ ] (b) No [ ]
Are there specific provisions of wife battery in penal code ?
(a) Yes [ ] (b) No [ ]
If no to question 8, why do you think this is so ?.......................
How serious do you think wife battery is an offence?
(a) Not serious [ ]

(b) Slightly serious [ ]
80
(c) Serious [ ]
(d) Very serious [ ]
11. Are there some victims who withdraw cases of wife battery?
(a) Yes [ ]
(b) No [ ]
12. How often do such cases of wife battery go to court?
(a) Very often [ ]

(b) Quite Often [ ]
(c) Often [ ]
(d) Rarely [ ]
13. Do you think wife battery is a good case to take to court?
(a) Yes [ ]
(b) No [ ]
14. In your opinion, can a wife battery be a good witness in an assault case against her husband?
(a) Yes [ ]
(b) No []
(c) Sometimes [ ]
( d) Very rarely [ ]
15. If your answer to question 13 is ( b) or (d), does this affect your motivation to take such cases
to court?
(a) Yes [ ]
81
(b) No [ ]
16. In your opinion, is it ok to send the man to jail because he has beaten up his wife?
(a) Yes [ ]
(b) No [ ]
(c) Sometimes [ ]
17. How often are cases of wife battery withdrawn because the victim cannot support herself
financially?
(a) Very often [ ]

(b) Quiet often [ ]
(c) Often [ ]
(d) Rarely [ ]
18. How often do victims come to plead with officers to release their husbands because children
have nothing to eat at home?
(a) Very often [ ]

(b) Quiet often [ ]
(c) Often [ ]
(d) Rarely [ ]
19. Are there victims who withdraw cases despite having their own source of income?
(a) Yes [ ]
( b) No [ ]
20. If yes to question 16, how often does this happen?
82
(a) Very often [ ]
(b) Quiet often [ ]
(c) Often [ ]
(d) Rarely [ ]
21. Are there instance where victims cases even if their husbands are unemployed
(a) Yes [ ]
(b) No [ ]
(c) Sometimes [ ]
22. Do you have instances where cases are withdrawn because victims feared the husband’s
relatives?
(a) Yes [ ]
(b) No [ ]
23. In your opinion do you think victim’s lack of education has an effect on the prosecution of
wife battery?
(a) Yes [ ]
(b) No [ ]
24.Do you think sometimes victims withdraw cases because of ignorance?
(a) Yes [ ]
(b) No [ ]
25. Do you think there should be a law to force victims to testify against their husbands?
83
(a) Yes [ ]
(b) No [ ]
26. In your opinion is the current law adequate in protecting wives as victims of domestic gender
based violence?
(a) Yes [ ]
(b) No [ ]
27. How do you think wives as victims of domestic gender based violence can better be protected
by the law? Explain………………………………………………
………………………………………………………………………………………………………
…………………………………………………………………………………………………….
28. What problems do you face when dealing with such cases? Explain
………………………………………………………………………………………………………
………………………………………………………………………………………………………
……………………………………………………………………………………………………..
What suggestion would you make to address the problems mentioned in question
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
THANK YOU VERY MUCH FOR YOUR CO-OPERATION
84
Appendix 3: Questionnaire for Police Prosecutors
Low Prosecution of Wife Battery: Lopa County
Introduction
Dear respondent
My names are Ohide .A. Emmanuel Ojok and I am a student of Uganda Pentecostal University-
Uganda pursuing a bachelor Degree in Laws. As a partial fulfillment for the program, me students
are requires to research on topic of their choice. As a topic of choice, domestic gender base
violence (wife battery) captured my interest mainly because of my profession as a Law student.
Be informed that you have been positively selected as a source of valuable information. In
kept confidential.
1. Respondents’ sex? Male [ ] Female [ ]

2. How old were you at your last birth day? [ ]
3. What is your marital status?
a) Married [ ]
b) Single [ ]
c) Widow/Widower [ ]
d) Separated [ ]
4. What is the highest level of education you have attained?
85
5. What is your occupation?.......................................................
6. How long have you been serving in the same capacity?
(f) Less than months [ ]
(g) I year [ ]
(h) Two years [ ]
(i) Three year but less than seven years [ ]
(j) Seven years and above [ ]
7. Do you know what wife battery is?

(a) Yes [ ] (b) No [ ]
8. Are there specific provisions of wife battery in penal code?

(a) Yes [ ] (b) No [ ]
9. If no to question 8, why do you think this is so ?.......................
10. How serious do you think wife battery is an offence?
(e) Not serious [ ]

(f) Slightly serious [ ]
(g) Serious [ ]
(h) Very serious [ ]
11. Are there some victims who withdraw cases of wife battery?
(a) Yes [ ]
(b) No [ ]
86
12. How often do such cases of wife battery go to court?
(e) Very often [ ]

(f) Quite Often [ ]
(g) Often [ ]
(h) Rarely [ ]
13. Do you think wife battery is a good case to take to court?
(a) Yes [ ]
(b) No [ ]
14. In your opinion, can a wife battery be a good witness in an assault case against her husband?
(a) Yes [ ]
(b) No [ ]
(c) Sometimes [ ]
( d) Very rarely [ ]
15. If your answer to question 13 is ( b) or (d), does this affect your motivation to take such cases
to court?
(a) Yes [ ]
(b) No [ ]
16. In your opinion, is it ok to send the man to jail because he has beaten up his wife?
(a) Yes [ ]
(b) No [ ]
(c) Sometimes [ ]
17. How often are cases of wife battery withdrawn because the victim cannot support herself
financially?
87
(a) Very often [ ]
(b) Quiet often [ ]
(c) Often [ ]
(d) Rarely [ ]
18. How often do victims come to plead with officers to release their husbands because children
have nothing to eat at home?
(a) Very often [ ]

(b) Quiet often [ ]
(c) Often [ ]
(d) Rarely [ ]
19. Are there victims who withdraw cases despite having their own source of income?
(a) Yes [ ]
( b) No [ ]
20. If yes to question 16, how often does this happen?
(a) Very often [ ]

(b) Quiet often [ ]
(c) Often [ ]
(d) Rarely [ ]
21. Are there instance where victims cases even if their husbands are unemployed
(a) Yes [ ]
(b) No [ ]
(c) Sometimes [ ]
22. Do you have instances where cases are withdrawn because victims feared the husband’s
relatives?
88
(a) Yes [ ]
(b) No [ ]
23. In your opinion do you think victim’s lack of education has an effect on the prosecution of
wife battery?
(a) Yes [ ]
(b) No [ ]
24.Do you think sometimes victims withdraw cases because of ignorance?
(a) Yes [ ]
(b) No [ ]
25. Do you think there should be a law to force victims to testify against their husbands?
(a) Yes [ ]
(b) No [ ]
based violence?
(a) Yes [ ]
(b) No [ ]
by the law? Explain………………………………………………
………………………………………………………………………………………………………
…………………………………………………………………………………………………….
28. What problems do you face when dealing with such cases? Explain
………………………………………………………………………………………………………
………………………………………………………………………………………………………
……………………………………………………………………………………………………..
89
29. What suggestion would you make to address the problems mentioned in question
28?...............................................................
90
Appendix 4: Questionnaire for Church Leaders
Introduction
Dear respondent
My names are Ohide .A. Emmanuel Ojok and I am a student of Uganda Pentecostal University
(wife battery) captured my interest mainly because of my profession as a Law student.
Be informed that you have been positively selected as a source of valuable information. In
kept confidential. You are also free to choose to participate in this research and therefore you can
choose to pull out any time. However, your participation will be most valued.
1. Respondents’ sex? Male [ ] Female [ ]

2. How old were you at your last birth day? [ ]
3. What is your marital status?
(e) Married [ ]
(f) Single [ ]
(g) Divorce [ ]
(g) Widow/Widower [ ]
(i) Separated [ ]
4. What is the highest level of education you have attained?

91
5. What is your occupation?.......................................................

6. How long have you been serving in the same capacity?
(a) Less than 12 months [ ]
(b) I year [ ]
(c) Two years [ ]
(d) Three year but less than seven years []
(e) Seven years and above [ ]
7. Do you know what wife battery is?

(a) Yes [ ] (b) No [ ]
8. Do you subscribe to husbands beating up their wives as a way of exercising discipline?

(a) Yes [ ] (b) No [ ]
9. How wide spread do you think wife battery is in South Sudan?
(a) Very spread [ ]

(b) Quite spread [ ]
(c) Not very spread [ ]
10 . Would you encourage a wife to report to the police if she has been beaten?
(a) Yes [ ]
(b) No [ ]
92
(c ) Sometimes
11. Do you think there should be law victims to force victims to testify against their husbands in
assault cases?
(a) Yes [ ] (b) No [ ]
12. Do you know of instances where cases of wife are withdrawn because victims feared their
husband’s relatives?
(a) Yes (b) No [ ]
13. If yes to question 12, how common is this trend?
(a) Every common [ ]

(b) Common [ ]
(c) Not common [ ]
14. In your opinion do think victims’ lack of education has an effected on the prosecution of wife
battery?
(a) Yes [ ] (b) No [ ]
based violence?
(a) Yes [ ] (b) No [ ]
16. If yes to question 15, explain
………………………………………………………………………………….
17. If no to question 15 explain………………
93
………………………………………………………………………………………..
by the law? Explain …………………………………..
…………………………………………………………………………………………
THANK YOU VERY MUCH FOR YOUR CO-OPERATION
94

Ohide Thesis

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Ohide Thesis

Uploaded by

Copyright:

Available Formats

THE CAUSES, IMPLICATION AND CONTROL OF GENDER BASE VIOLENCE OF

WOMEN ON WIFE BATTERY:

OHIDE. A. EMMANUEL OJOK

A THESIS SUBMITTED IN PARTIAL FULFILLMENTS OF THE REQUIREMENTS

15TH, FEB- 2019

Ohide. A. Emmanuel Ojok

Mr. DAVID OLOO

This dissertation is dedicated with utmost affection to:

I sincerely appreciate my colleagues in the Valuation profession for their contribution by

UK- United Kingdom

INTRODUCTION & BACKGROUND

study and conceptual framework of the study

1.1 Background of the study

be retained for convenience purposes.

inadequate in fostering protection to women as victims.

psychological harm or suffering to women and children is enshrined in the Transitional

because of low prosecution of wife battery case (Chulu, et al 2001).

classifications, (GIDD report, 2000).

prohibiting a man from physically abusing his wife (Giddens, 1993).

punishment of 40 lashes or one year imprisonment, ( Howard and Lewia, 199).

1.2. Statement of the Problem

1.3.1. Main Objectives

1.3.2 Specific objectives:

 To examine police officers attitudes towards prosecution of wife battery cases.

 To propose policy recommendations for improved prosecution of wife battery cases

1.4 Research Question

1.3.4. Research Question

 What are the socio-economic characteristics of victims of wife battery?

 Does victim’s fear of persecution affect prosecution of wife battery cases?

already existing body of knowledge.

1.6 Conceptual framework

Independent variables Dependent variables

Prevalent of low prosecution Police attitude

Culture Public perception

Economic factors Lack of cooperation

psychological scars of abuses, (Carilo 1992),p.II).

utilization, child survival, AIDS prevention and socioeconomic development.

classifications, (GIDD report, 2000)

second most common form of violent crime recorded by the police.

psychological physical and sexual abuse.

2.2 Prevalent of low prosecution of Wife Battery in Lopa County –South

interpreted against a backdrop of a tendency of most complainants to withdraw cases of violence

household where the assault may have taken place.

to the police station (GBV Report, 2000).

According to women, s rights activist,Professor NkanduLuo, because of beliefs and the

that ( Sampa et al.1994)

duties of support and protection.

impoverished families seeking to accrue bride price.

of Gender Studies, 2008)

much less likely to experience domestic violence if she is more educated.

violence, indicating that education reduces violence by reducing women’s acceptance of it

(Indian Journal Studies, 2008).

2.6 Police Attitude

and Hinch, 1991).

2.7 Public Perception

with new Horizons Director, Lusaka, Zambia .June 1, 2002).

2.8 Lack of Co-operation by Victims of Domestic Violence.

2.9 Victims’ Wishes

also deterrents for victims.

2.10 Victimless Prosecution

homicide is investigated,( Louise Ellison, 2002).

2.11 Hearsay Evidence

 Excited utterance under rule 803(2)